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As an attorney who represents car accident victims in Wisconsin, I know firsthand how devastating a fatal car accident can be to a family. While compensatory damages are typically sought to recover the financial and emotional losses of the victim’s family, punitive damages are designed to punish the wrongdoer and to deter other people from behaving in this manner. If a fatal accident case qualifies under Wisconsin law, punitive damages could be awarded. However, punitive damages are not an automatic right and are subject to specific legal stipulations according to Wisconsin law.
Usually, the compensatory damages in a legal suit are not punitive in nature. This is because they aim to put the person who suffered some harm in nearly the same situation they would have been in if there had been no injury. Compensatory damages, in a way, place the victim in some situation other than the healthier situation. A punitive damage award punishes the at-fault party for particularly outrageous behavior. In Wisconsin, punitive damages can be awarded if a defendant’s actions are found to be malicious or in reckless disregard for the rights of others.
The State of Wisconsin only awards punitive damages provided the claimant can prove the defendant’s conduct was willful, wanton, or recklessly disregarding the claimant’s rights. This is a higher standard than proving ordinary negligence, and punitive damages are not given in all circumstances.
In cases involving fatal car accidents, punitive damages may apply where the driver at fault was engaged in the most reprehensible behavior, such as drunk driving, street racing, or fleeing from law enforcement at a high speed. The action behind the conduct must be worse than simple negligence and must be a conscious disregard for the safety and lives of others.
Wisconsin Law does have some restrictions on damages that are said to be punitive. Section 895.043(6) of the Wisconsin Statutes provides that a court shall not award punitive damages in an amount that exceeds two times the amount of compensatory damages, or $200,000, whichever is greater. That statutory maximum cap has been crafted to preclude punitive damages from being so great that they will be unreasonably harsh yet still serve their penal and deterrent purpose.
In a fatal car crash, punitive damages require a somewhat complex degree of legal representation to assist in demonstrating the facts amounting to reckless or intentional conduct. This includes gathering all evidence, presenting expert testimony, and effectively arguing the case in court. I bring all of this experience to my role as a Wisconsin car accident attorney to make sure that the families of victims get the full measure of damages, including punitive damages, where applicable.
The Courts will typically award punitive damages when the defendant has demonstrated reckless or malicious actions. Unlike compensatory damages, which are intended to make up for a victim’s actual losses, punitive damages are designed to punish the wrongdoer and prevent others from engaging in similar conduct.
Punitive damages can only be awarded when the at-fault party is acting in reckless disregard for the safety and rights of others. That happens quite a bit in drunk driving, excessive-speeding-type cases, and generally, where intentional conduct is present.
The plaintiff must show through clear and convincing evidence that the defendant acted willfully, wantonly, or in reckless disregard of the rights of others. This is a higher standard than the preponderance of evidence typically required in civil cases.
Usually, the insurance companies do not cover any damages for punitive reasons because they are paid to punish the wrongdoer and not to help the victim. But still, this is the way to keep the opposite party personally responsible for his negligent actions.
Each case is unique, and proving the recklessness would require research into what caused the accident, which may involve police reports, witness statements, and expert opinions that the defendant’s actions were over and beyond ordinary negligence and demonstrated a total disregard for the safety of others.
In Wisconsin, you typically are required by law to file your wrongful death claim within two years from the date of the concerned death. If you believe that you have a claim, consult our firm to make sure that you know the deadline for filing a wrongful death action.
If you have lost a loved one due to a car accident and feel punitive damages may apply to your case, it is highly advisable to get professional legal representation. Here in the Law Offices of John V. O’Connor, we make sure that we are the powerful voice in fighting for the rights of families affected by such tragedies. Contact our Kenosha car accident lawyer at the Law Offices of John V. O’Connor by calling (262) 605-8400 to receive your free consultation. We will review your case, explain your legal options, and help you pursue the justice and compensation your family deserves.
