What Are Punitive Damages in Idaho?
When you’re injured in an accident that you didn’t cause, you have the right to bring a civil claim against the responsible party. If you’ve suffered an especially severe injury, however, you might wondering whether a traditional injury claim is sufficient to cover the extent of your suffering.
When someone acts in an especially egregious or wrongful manner, the victim can be awarded punitive damages. Before you file your injury claim, you’ll need to know what punitive damages are in Idaho, as well as how you might receive them. Unfortunately, they’re incredibly difficult to secure, but with a lawyer from Craig Swapp & Associates, you’ll have the best chance.
Before you start your claim, make sure you understand the full damages you should receive and what you can do to receive maximum compensation.
Punitive Damages for Extreme Actions
Generally, you are eligible to receive two types of damages in injury claims: compensatory and punitive. The first type pays, or compensates, you for the losses you’ve suffered because of the at-fault party’s negligent actions. These damages are paid in successful injury claims.
Sometimes, however, the at-fault party was especially negligent, or they intended to cause you harm. In these cases, you might deserve further compensation than the damages already awarded to you.
These damages are meant exclusively to punish the person responsible for your suffering, rather than to compensate you for your suffering. In Idaho, punitive damages are awarded when the actions are oppressive, fraudulent, malicious, or outrageous, and the intent is to deter other people from acting in a similarly egregious way in the future.
Who Can Seek Punitive Damages?
Unfortunately, these damages aren’t easy to seek. You won’t be able to include them in your original claim and seek them along with your compensatory damages. Instead, you and your lawyer will need to file a pretrial motion for the court to consider punitive damages. This motion will be considered once the initial claim has been decided.
Once your claim has finished, the judge will consider whether there is enough evidence to show that you deserve further damages for your suffering. Once this has been decided, the court determine whether you have enough evidence to prove that you should receive punitive damages.
As such, it’s not easy to get punitive damages in Idaho, but if you’re awarded these damages, it can increase your total compensation significantly. As such, be prepared to retain the services of an experienced lawyer should you decide to seek punitive damages.
Getting Punitive Damages in Idaho
Punitive damages aren’t easy to secure. You can’t simply include them in your claim. If you believe your claim could be eligible, you might need to enlist the help of an experienced and highly qualified attorney.
Luckily, our lawyers at Craig Swapp & Associates understand how difficult it can be to seek punitive damages, and we’re ready to help. We’ll fight to ensure you get the full compensation you deserve after an accident. By starting with our free consultation, you can get help finding whether and how you can seek punitive damages.
Struggling after an accident? Reach out to our attorneys by calling 1-800-404-9000 or by filling out the online form below.