When you’re injured in a personal injury accident in Encino, CA, the main remedy you can seek is compensatory damages. These economic and non-economic damages compensate an injured party for things like medical bills, lost wages, property damage, and pain and suffering.
If the at-fault party’s conduct in causing the accident was egregious, intentional, or otherwise went beyond ordinary negligence, you may be able to seek punitive damages. The purpose of punitive damages is to punish the at-fault party and deter similar conduct, rather than compensate the victim.
If punitive damages are available in your case, they may greatly increase the value of your personal injury claim. However, these damages can be difficult to prove, and you will benefit from the experience of a knowledgeable personal injury lawyer.
JUSTICENTER Personal Injury Lawyers will review your case, determine if punitive damages are available to you, and fight for you to recover compensation for all of your damages. We also offer a free initial consultation.
When Are Punitive Damages Awarded in California?
California law states that punitive damages, or exemplary damages, may be awarded if the defendant is guilty of malice, oppression, or fraud.
Malice includes conduct that is intended to cause injury to the victim or conduct that shows a willful and conscious disregard for the rights and safety of others.
Oppression is conduct that subjects the victim to cruel and unjust hardship in conscious disregard for their rights.
Fraud means an intentional misrepresentation, deceit, or concealment of a material fact known to the defendant that deprives the victim of property, legal rights, or causes injury.
What Is the Burden of Proof for Punitive Damages?
To recover punitive damages, California law requires a plaintiff to prove that the defendant was guilty of malice, oppression, or fraud by “clear and convincing evidence.” This is higher than the “by a preponderance of the evidence” burden required in ordinary negligence cases.
A preponderance of the evidence means the plaintiff must prove that there is more than a 50% chance that the defendant was negligent. Said differently, the plaintiff must present enough evidence showing that it is more likely than not that the claims against the defendant are true.
For punitive damages, the burden of proof is higher because the purpose is to penalize the defendant and deter others from committing similar acts. Clear and convincing evidence means there is a high and substantial likelihood that the claims against the defendant are true.
Clear and convincing is a medium-level burden of proof, as it is more rigorous than “by a preponderance of the evidence,” but less than the “beyond a reasonable doubt” burden of proof required in criminal cases.
Examples of Cases Where Punitive Damages Are Awarded
Punitive damages are less likely to be awarded in personal injury cases than compensatory damages, as they require a higher level of proof and particularly reckless or intentional conduct. However, some cases that may warrant punitive damages include:
- A car accident involving drunk driving
- A car company knowingly selling cars with a dangerous defect
- Extreme medical malpractice cases
This is a limited list of cases in which punitive damages could be awarded. However, punitive damages may be available in any case where the plaintiff can prove, by clear and convincing evidence, that the defendant’s behavior amounted to oppression, malice, or fraud.
What Is My Punitive Damages Claim Worth?
There is no set formula for calculating punitive damages in California. There are many factors that the jury will consider when awarding punitive damages, including:
- The extent of the damages the plaintiff suffered
- Whether the defendant caused physical injuries
- If the defendant’s conduct was intentional
- What amount would deter the defendant from acting this way again
- If the defendant’s conduct was part of a pattern of behavior
- If the amount is appropriate in light of the defendant’s income
Further, California does not place a cap on the amount of punitive damages that may be recovered. However, the Supreme Court of the United States has said that punitive damages shall not be grossly excessive or arbitrary.
Contact Our Experienced California Personal Injury Lawyers To Discuss Whether Punitive Damages Are Available in Your Case
If you were injured in a personal injury accident and the defendant acted with oppression, malice, or fraud, then you may be able to seek punitive damages in addition to any claim for compensatory damages. Punitive damages can not only increase the financial award you recover, but can serve to deter the defendant from similar misconduct in the future.
However, navigating a punitive damages claim can be tricky and will require a higher burden of proof than an ordinary negligence claim. Our experienced California personal injury lawyers are here to guide you through this process and fight for the appropriate damages in your case.
Contact JUSTICENTER Personal Injury Lawyers today to schedule a free review of your case at 818-907-3230.
