Some accident victims in California may recover punitive damages depending on various factors affecting their personal injury cases. If you got involved in an accident in California due to another person’s negligence, you might be eligible for punitive damages. It is imperative to understand what punitive damages are and how the court awards the plaintiff. This can help you make informed decisions when seeking compensation for yourself or a family member.
Unlike economic damages, where accident victims have no issue recovering compensation, a personal injury case for punitive damages can be challenging if you lack legal expertise because punitive damages are more difficult to recover under California law.
Dealing with the court can be complicated and time-consuming. It may give you limited chances to recover a punitive award if it is available. It is best to hire an experienced personal injury lawyer such as those at Attorney Jeff Injury Lawyers to help and advise you.
Understanding Punitive Damages
Punitive damages are a monetary award given to the plaintiff due to the defendant’s recklessness, malice, oppression, negligence, extreme actions, and maliciousness that caused the plaintiff’s injuries. These damages are a form of punishment to the defendant to deter them from repeating the same mistakes in the future.
Punitive damages come after the plaintiff gets the economic and non-economic damages. According to California law, the court awards the damages based on the defendant’s conduct rather than the plaintiff’s injuries or harm suffered in the accident.
At our personal injury law firm, we can guide you through the process and help you recover the compensation you deserve.
When Do California Courts Award Punitive Damages?
The burden of proof is a vital element that California courts consider before awarding punitive damages to the plaintiff. The court must prove that the evidence presented by the plaintiff holds the defendant accountable.
The plaintiff must provide clear and convincing proof against the defendant to make a claim valid. In short, the defendant must be guilty of accusations leveled against them. A personal injury lawyer must show clear and convincing evidence that the plaintiff’s injuries, harm, or damage resulted from the defendants’ actions listed below:
- Oppression: According to California law, oppression is despicable conduct that subjects a victim to cruelty and unjust treatment in conscious disregard for the victim’s rights.
- Fraud is intentional deceit, misrepresentation, and concealment of material facts familiar to the defendant that intends to deny someone of their property or legal rights.
- Malice: California laws define malice as an intentional act by a defendant to cause an injury to a plaintiff. It is also despicable conduct where the defendant willfully and consciously disregards the rights and safety of others.
The court will analyze the above elements and determine whether the defendant’s conduct was the reason behind the plaintiff’s injuries, harm, or damage. It is best to have a legal representative who understands the nitty-gritty of awarding punitive damages to guide and advise you accordingly.
How California Judges Calculate Punitive Damages
California courts do not have a fixed standard for determining or calculating the total punitive damages to award a plaintiff in a personal injury case. The judge focuses on ensuring that the damages awarded deter the defendant and other like-minded individuals from such malicious conduct in the future.
Below are factors that determine how much you receive as your award:
- The level of the defendant’s actions that caused the plaintiff’s injuries, harm, or damage
- The wealth or financial status of the defendant
- Whether the defendant disregarded the safety and health of the plaintiff
- The court awards a specific amount to discourage the defendant from future misconduct
- The court must prove a reasonable relationship exists between harm caused to the plaintiff and the total punitive damages.
It is worth noting that the court may not increase punitive damages just because the defendant is financially stable. The final decision relies solely on the defendant’s actions.
How a Plaintiff Can Seek Punitive Damages in California
If you are a victim of recklessness, negligence, fraud, malice, and oppression from a defendant, you can ask for a punitive damages award. However, this may not come with a specific amount until the court evaluates your case.
In many cases, the court determines the punitive damages award in the same proceeding as the defendant’s responsibility in the personal injury case. Going through the entire process can be challenging, draining, and time-consuming.
It is essential to hire an experienced personal injury attorney to help you handle the case. At Attorney Jeff, we have experienced personal injury lawyers with your best interest at heart. We can walk the journey with you, protect your rights and help you recover the punitive award worth your injuries, harm, or damage. Contact us today and let us guide you accordingly.
Contact Attorney Jeff Today for All Your Questions about Punitive Damages in California
You might be entitled to recover punitive damages if the defendant acted with malice, fraud, or oppression that caused your injuries, damages, or harm. AttorneyJeff Injury Lawyers has experienced attorneys who can improve your chances of receiving your award. We can walk the journey with you and protect your rights. Contact us today for a free consultation.
Punitive Damages FAQs
What are the situations where the court may award punitive damages in California?
The defendant is liable for punitive damages if they committed acts like sexual assault, wrongful termination, car accidents caused by a driver under the influence, intentional infliction of emotional distress, and assault and battery.
Are punitive damages available in every personal injury case in California?
Punitive damages awards apply to specific cases in California. The court analyses your case to determine whether punitive damages apply to your case.
Why should you hire a personal injury attorney when seeking punitive damages?
Recovering punitive damages is more complicated than getting compensatory damages. An experienced personal injury attorney can increase your chances of receiving the awards.