I was in a small fender bender with a school bus. they have admited fault and are willing to pay for damages to my car. am i entitled to punitive damages. i am having trould reacting to intersections and large vehicles while driving
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Read More Answered By: Nick Pizzolatto, Jr. |
You are speaking about general damages. General damages are those you cannot put a set dollar value on, such as pain and suffering and loss of enjoyment of life, while Special damages are those you can put a dollar value on such as medical bills, repair costs and lost wages. Punitive Damages are awarded as a punishment in very few instances in Louisiana. Punitive Damages do not depend on the severity of the injuries or other damages, but on how aggregious is the defendant's conduct. So, if your life has changed because of the accident, you may, that is may, be entitled to something for that. Proof of your problems can take the form of a psychologist/counselor/doctor's statement that you are having trouble driving in traffic or whatever. The amount will depend on the degree of your problems, the amount of the medical/counselor bills, the length of time of the incapacitation, and treatment, and the strength of the experts opinion. Your first line said "small fender bender," so I suspect if they willingly pay you anything it will be very very little. Mental reactions to situations alone, without some horrendous crash and/or injuries, usually are not worth anything, and are very hard to prove. |
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