What qualifies — and what doesn't
Ordinary negligence — the drifting merge, the misjudged left — never supports punitives, no matter how bad the injuries. The statute requires conduct a jury can call despicable or consciously indifferent: drunk driving with knowledge of the risk (the landmark cases say exactly this), street racing, fleeing with a victim down, extreme distracted-driving patterns. The conduct, not the damage, opens the door.
How the numbers work
No formula — juries weigh reprehensibility, the harm's scale, and the defendant's finances (punishment must sting to punish, so net worth becomes discoverable — itself a pressure point). Constitutional limits keep ratios to compensatory damages generally in single digits. Practically: the punitive claim's value is less its verdict-day number than what it does before then.
The leverage mechanism
Liability insurance can't cover punishment — so a live punitive claim puts the defendant's own assets in play while their insurer can only fund the compensatory side. Defendants with careers, clearances, or property settle differently under that math, and insurers face pressure to resolve the whole case to spare their insured. Wielding it well means pleading it credibly and proving the conduct — the DUI evidence trail from the victim guide is the usual engine, and the worth-it math is where leverage meets collectability.
The honest caveats
Higher proof standard, bifurcated trials, post-verdict reductions — punitive claims are pursued seriously or not at all. Most cases that plead them settle without a verdict; the settlement simply lands where the exposure pointed. If your crash involved impairment or worse, have the conduct evaluated — the card only counts if it's actually in your hand.
