When Are Punitive Damages Awarded in Personal Injury Cases?

If you’re hurt because of another person’s wrongdoing, it’s only right you should be entitled to recover damages for your injuries. This can include medical bills, property damages, pain and suffering, and lost income among other things. However, in certain cases the other party’s behavior is so outrageous or vile that you may be entitled to an additional set of damages; punitive damages. We’re going to talk about punitive damages, the standard you need to meet, and when you can and can’t receive them.

Punitive Damages Generally

Unlike other damages, punitive damages aren’t awarded to compensate you for your injuries. They’re actually damages a judge or jury awards in addition to compensatory damages for two reasons:

• Punishing an offending party for their intentional, vile, egregious, reprehensible, or grossly reckless conduct – for example, a person with multiple DUI convictions hurting you in a car crash while under the influence; and
• Discouraging the wrongdoer as well as others from engaging in the same behavior in the future.

To accomplish their purposes of punishment and deterrence, these damages are often severe and result in large awards. These damages are discretionary, meaning the judge or jury can decide both if you receive them and, if so, how large your award will be.

What’s the California Standard for Awarding Punitive Damages?

California has set out statutory requirements you must prove before you can qualify for an award of punitive damages. During your case, you have to prove by clear and convincing evidence the wrongdoer engaged in the conduct that caused your injury with:

• Malice –defined either as:
  • Conduct done with the intent to cause injury; or
  • Despicable behavior (something a reasonable person would find base, vile or contemptible) done with willful or conscious disregard for others’ rights or safety.
• Oppression – the wrongdoer consciously disregarded your rights and subjected you to cruel or unjust hardship.
• Fraud – an intentional misrepresentation, deceit, or hiding of a material fact related to the injury you suffered that was done with the intent to injure you or deprive you of your rights.

Each of these elements require you to provide unique evidence. In addition, unlike proving negligence – where you must just show something is more likely true than untrue – there is a higher burden of proof you must satisfy. To avoid potentially costly legal pitfalls, it’s wise to rely on the help of a skilled California personal injury attorney.

When You Can’t Receive Punitive Damages

Due to California’s high burden of proof, someone’s honest mistakes due carelessness will usually not satisfy the burden. Even if their behavior seems unreasonable. You must also specifically ask for these damages during the litigation process, and you must show you’re entitled to compensatory damages from the other party’s negligence before you become eligible for punitive damages.

Speak to an Attorney

Nobody expects to be hurt in an accident, but it’s important you make sure you fight to recover the maximum compensation owed to you from someone else’s bad behavior. Contact the experienced Personal Injury Attorneys at Daneshrad Law today to make sure someone is working on your behalf to get you the recovery you deserve. Attorney Alan Daneshrad has been delivering personalized, dedicated representation for victims just like you and has recovered millions to compensate them for their injuries. Call us 24/7 at (888) 881-3529 to schedule a free initial case consultation. Let us evaluate your case and work hard to get you the best possible outcome from a bad situation starting today. We are here for our clients in Los Angeles, San Francisco, San Jose, and throughout California.