Punitive Damages in Personal Injury Claims

Over the years the number of people involved in car accidents due to road rage has been steadily increasing, and these accidents often result in personal injuries or property damage. If you have been involved in a road rage car accident and are able to identify the person who assaulted you, then you have legal rights to sue the driver. There are a number of legal actions that you can file against the other driver, namely personal injury claims, property damage, and even possible criminal charges.

After being treated for injuries following a road rage-related car accident, it is necessary to gather important documents such as medical expenses and records (that would back up your claims for damages and document the extent of the injuries), wage loss due to missed work, and others. These documents would help determine the amount of compensation that you have the legal right to receive. Likewise, criminal charges such as assault and battery can lead to punitive damages. Punitive damages are generally aimed to punish and prevent future similar actions from the other driver and set as an example to motorists.

Because road rage can lead to civil and criminal charges, after filing an insurance claim and civil lawsuit, you can consult with the police or district attorney’s office regarding the filing of criminal charges. According to the website of the Abel Law Firm, a lawyer can assist in gathering evidence and presenting the case in court. In civil cases, it is easier to prove that the recklessness of the other driver in the road rage incident – evidence presented in court can help establish how the car accident or incident occurred. On the other hand, the criminal charges can be harder to prove in court: the court has to determine that the other driver involved is guilty beyond reasonable doubt. The damages that a criminal case can provide may also be lower as compared to civil cases.