Making a Claim for Punitive Damages After a Virginia Car Accident

Punitive damages, also known as exemplary damages, are monetary damages awarded to the plaintiff in a Virginia car accidentin order to punish the defendant and to deter him or her from committing the act that caused the car crash again. In Virginia, it is difficult to claim punitive damages in a motor vehicle collision unless the driver, who caused the accident, was driving while under the influence.
The laws in Virginia regarding punitive damages involving drunken driving claims require that the following must be proven when there is a personal injury:

1. The driver causing the accident had a blood alcohol concentration of 0.15 or higher;
2. When the driver began drinking alcohol, he or she should have known that the ability to operate a motor vehicle would be impaired, or while operating the motor vehicle, the driver knew or should have known that he or she was impaired; 
3. The driver's intoxication was the proximate cause of the injury to the plaintiff.

We believe that the Commonwealth's laws regarding driving while under the influence are strictly enforced, but negligence must be proven in order to make a claim for punitive damages. According to the law, the driver's conduct must be deemed "willful or wanton as to show a conscious disregard for the rights of others."
There are also several types of compensatory damages that may be awarded, which cover:

• Loss of property
• Medical expenses
• Legal expenses
• Loss of wages 
• Emotional distress

We believe that every case is different. Norfolk car accident lawyer, Michael Weisberg, has been representing clients involved in motor vehicle accidents in southeastern Virginia, including the greater Norfolk and Portsmouth areas, for over forty years. He will carefully review the facts of your case and will work hard to recover the most compensation possible.
Contact Michael Weisberg at (800) 690-0235 to schedule your free injury case consultation. Also be sure to order your free copy of his book, What You Need To Know About Getting a Fair and Reasonable Settlement.