Overview
- Proof beyond a reasonable doubt is required for punitive damages in Colorado.
- This standard is higher than the preponderance of evidence needed for compensatory damages.
- Punitive damages aim to punish and deter reckless, willful, or wanton conduct.
- Evidence must show that the defendant's actions were intentional and disregarded the risk to others.
- Thorough documentation of injuries, police reports, and other conduct evidence is crucial.
- Legal assistance is often necessary to meet the proof standard.
Suppose you file a personal injury claim in Colorado that involves punitive damages (also called exemplary damages)—damages that are intended to punish and deter reckless, willful and wanton conduct. In that case, you might’ve noticed that at trial, you would need to prove punitive damages “beyond a reasonable doubt” to succeed. But what is proof beyond a reasonable doubt? Let’s explore what that means, how it factors into being awarded punitive damages, and how you can obtain the required proof.
What Is Proof Beyond a Reasonable Doubt?
Injury claims seeking compensatory damages do not require proof beyond a reasonable doubt. The standard in proving a civil injury case is typically proof by a preponderance of the evidence. This means that an injured person needs to only show that the evidence more likely than not proves their claim and damages.
If an injury case involves punitive damages, while the burden of adding to the complaint a punitive damages claim is a low bar, proving at trial a punitive damages claim requires proof of the statutory requirements of “beyond a reasonable doubt.” But what exactly does this mean?
In Colorado, punitive/exemplary damages are available only in accordance with section 13-21-102 of the Colorado Statutes. Typically, when punitive damages are at issue in a personal injury action, an award of exemplary damages is available when the act causing the plaintiff's injuries creates a substantial risk of harm to another and is purposefully performed with an awareness of the risk in disregard of the consequences. The Colorado Civil Jury Instructions define “reasonable doubt” as "a doubt based upon reason and common sense which arises from a fair and rational consideration of all of the evidence, or the lack of evidence, in the case. It is a doubt which is not a vague, speculative, or imaginary doubt, but such a doubt as would cause reasonable people to hesitate to act in matters of importance to themselves.” These statutory and other legal provisions can be complicated to understand and apply, which is why it is important to contact an experienced personal injury lawyer.
Ways to Collect Proof of Conduct Supporting Exemplary Damages When Another Party Was at Fault
Document Medical Injuries and Expenses: A person must first have compensatory damages before being able to recover punitive damages, so in personal injury cases it is important to first be able to secure adequate proof of injuries and damages arising from those injuries. You need to show that the injury caused financial, physical, emotional, and income damages and losses. This can include hospital admissions and stay documentation, medical bills, documentation of lost income, photos of physical injuries, and expert opinions.
Punitive damages, in contrast to compensatory damages, centers on the conduct of the person who was at fault in causing the injuries and damages. You should gather evidence to establish the recklessness/willful and wanton conduct necessary for punitive damages beyond a reasonable doubt:
Gather Police and Accident Information: Put together a file that contains the police report of the accident, photos or a video of the incident (if available), insurance information, and witness statements. A lawyer can help with gathering important police and accident information, as well as hiring experts to evaluate the defendant’s conduct.
Collect Other Evidence Regarding Bad Conduct: When seeking punitive damages, it’s necessary to prove that the defendant’s conduct was beyond simply negligent. It’s especially important to be observant before, during, and after a crash. Many accidents occur because the other driver was distracted by their cell phone. Cell phone use while operating a motor vehicle is dangerous, is illegal in many respects, and can lead to punitive/exemplary damages. Evidence that a driver had a cell phone in their hand (observed by you or other witnesses) or was looking down moments before a collision can often support exemplary damages. Demanding preservation of cell phone evidence after a crash can be a critical component to an exemplary damages claim. In commercial cases, evidence of reckless hiring, supervision, training or providing a company vehicle to a dangerous driver with a poor driving record can lead to exemplary damages. A personal injury lawyer can be immensely helpful in securing the necessary evidence to establish punitive damages.
Prove Your Case with Diligence and Expertise: Successful claims for punitive damages involve thoroughness and tenacity. Nowhere is this more important than obtaining proof beyond a reasonable doubt. Should you struggle to compile all the evidence, or the process feels too overwhelming, don’t hesitate to get a personal injury lawyer on your side today. The attorneys at Whalen Injury Lawyers are here to help you.
