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The Law Offices of David C. Rash Granted Punitive Damage Claim in Car Accident Case

auto accident

In a recent car accident case, the Law Offices of David C. Rash was able to get an Order from the Court that granted our motion to add a punitive damage claim against the defendants.

The car accident involved a commercial motor vehicle that belonged to Millenium Clinic, Inc., a drug, alcohol, and mental illness rehabilitation facility that uses vehicles to transport patients to and from the clinic. Mr. Rash’s client was hit from behind by a car that had been hit by one of Millenium’s shuttle buses, which was driven by its unlicensed driver.

Under Florida law, shuttle bus drivers must have a commercial driver’s license with a special passenger endorsement, which shows that the driver has the knowledge, skills, and training required to safely operate the vehicle. Millenium hired the driver knowing that they didn’t have a commercial driver’s license. The accident was thus caused by negligence on the part of both Millenium and its driver.

By using documents we requested from Millenium and other evidence obtained in sworn depositions, our attorneys were able to convince the Court to allow a claim for punitive damages. This will now permit the jury to punish the defendants beyond compensatory damages to ensure this type of accident does not occur again.

Through our dedicated and tireless advocacy, our team strives to make our community a safer place by holding negligent drivers and entities accountable for their harmful actions.

What are Punitive Damages?

Also known as “exemplary damages,” punitive damages are designed to prevent others from being injured by the same actions by punishing at-fault parties who are usually companies or large entities. As a result, they go a step beyond compensatory damages with the intent of making the defendant a public example. The amount of punitive damages the defendant has to pay is left to the jury’s discretion.

In most states, punitive damages can be awarded if the defendant’s actions are proven to be malicious, reckless, fraudulent, oppressive, or willful. They are often given in defective drug cases when drug manufacturers are shown to have knowingly sold drugs that have harmful side effects without putting out a warning to consumers.

Skilled in Mass Torts & Class Actions

Punitive damages are often rarely awarded in addition to actual damages, but a court can choose to apply them if the plaintiff can prove that the defendant engaged in wanton and willful misconduct. They are more commonly awarded in medical malpractice cases and cases involving defective or harmful drugs – both of which our team has extensive experience in. The Law Offices of David C. Rash is known for our commitment to the health and safety of our clients. If you or someone you loved was harmed by a medical professional or a medical device, it’s important that you call us for help. Chances are, others have been injured by the same person or entity, which means you may be able to begin a class action or mass tort case. In larger cases, punitive damages can be awarded to set an example to others who may attempt the same kind of negligence.

If you or someone you love has been a victim of medical malpractice, don’t hesitate to reach out to our team of professional attorneys online or by phone at (954) 914-7116. We’ve successfully settled numerous class action lawsuits, mass torts, and more.

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