Are Punitive Damages Awarded in Connecticut Personal Injury Cases?
When another person’s conduct goes beyond ordinary carelessness into something reckless or deliberate, you may be eligible for additional compensation. Connecticut law allows personal injury victims to recover punitive damages in a narrow set of cases, but the rules surrounding this category of compensation are stricter than many injured people expect.
Whether your New Haven personal injury case qualifies depends on how the at-fault party behaved. Schedule your free consultation today.
What Are Punitive Damages, and How Do They Differ from Compensatory Damages?
The damages in most personal injury cases fall into two distinct groups: compensatory and punitive. Compensatory damages are designed to make you whole following an accident. They cover economic losses such as medical bills, lost wages, and property damage, along with non-economic damages like pain and suffering.
Punitive damages serve a different goal. Rather than reimbursing your losses, they are meant to punish the at-fault party for egregious conduct and to discourage others from acting the same way. Because of that, they are awarded only in addition to compensatory damages and only in a small share of cases.
When Can Punitive Damages Be Awarded in Connecticut?
Connecticut permits punitive damages through two separate routes. The first comes from common law and applies when the at-fault party acted with reckless indifference to your rights or with intentional, malicious conduct.
The second route is defined under Connecticut General Statutes Section 14-295. According to this law, a court may award double or even triple your compensatory damages when a car accident stems from certain serious traffic violations, including:
- Speeding
- Reckless driving
- Driving under the influence of alcohol or drugs
- Illegal or unsafe passing
- Following too closely
- Driving the wrong way or in the wrong lane
How Does Connecticut Calculate Punitive Damages?
For common law punitive damages, Connecticut caps the award at the actual cost of pursuing your case, which is equal to your litigation expenses plus attorney’s fees. Statutory damages under Section 14-295 work differently; the court may double or triple your compensatory damages to calculate your final award.
The precise figure depends on factors such as the severity of the traffic violation and the degree of disregard the driver showed for the safety of others.
What Evidence Can Be Used to Prove Your Right to Punitive Damages?
Securing punitive damages requires proof that the at-fault party’s conduct rose above ordinary negligence. A Connecticut personal injury attorney can help you assemble this evidence and frame it under the correct legal standard.
Documentation that may support your claim includes:
- The police report and any criminal charges or citations issued
- Toxicology or breath-test results in suspected impaired-driving cases
- Witness accounts describing the at-fault party’s behavior
- Surveillance, dash cam, or cell phone footage of the event
- Records showing prior similar conduct by the same party
Find Out If You Are Eligible for Punitive Damages in Connecticut
Punitive damages are rare in Connecticut personal injury cases. In these situations, you need an attorney who can recognize when the at-fault party’s behavior meets this high bar and build the record needed to prove it.
At Lynch, Traub, Keefe & Errante, our attorneys review how your injury occurred and pursue every form of compensation your case supports. Contact our firm to find out where you stand and what your claim may be worth.