When Are Punitive Damages Awarded in California Personal Injury Cases?

In personal injury cases, punitive damages are a third type of financial award to victims hurt due to the negligence of others. The court rarely awards these damages.

If you were hurt in a California personal injury case, it is important that you understand what these damages are and when they apply. Receiving them could substantially increase your ability to recover compensation.

When Are Punitive Damages Awarded in California Personal Injury Cases?

Punitive damages are applicable in limited personal injury cases. They are not meant to make the victim whole again. Rather, they serve as a punishment for the defendant for their reckless behavior. These damages are a punishment that the court expects to be a deterrent to the defendant engaging in these actions again.

Under California Civil Code 3294, the court may assign punitive damages to the plaintiff if there is clear and convincing evidence that demonstrates the defendant was guilty of one of three things: oppression, fraud, or malice.

Most personal injury cases in California do not fall into these three categories:

• Oppression: Oppression is a despicable conduct of some type that subjects the victim to cruel and unjust hardship with disregard for that person’s rights.
• Fraud: The court system applies fraud to situations where there is clear evidence of intentional misrepresentation or deceit. It may also be applicable if there is concealment of a material fact known to the defendant with the intention to deprive a person of property or legal rights or otherwise cause injury.
• Malice: Under this area, the court applies punitive damages if there is conduct which the defendant intends to cause injury to the plaintiff or despicable conduct carried out by the defendant with a willful and conscious disregard for the safety of others.

It can be further understood that punitive damages are only awarded by the court if a person acts in an intentional manner, knowing that what they are doing could cause harm to another person. If you can show the other party was willful and wanton in their negligence, you may be able to pursue compensation.

Examples of When Personal Injury Cases May Warrant Punitive Damages

Just being negligent in an accident does not mean the at-fault party is acting willfully to hurt another. Consider some examples of when California punitive damages may be considered (though even here, they are not always awarded).

• Sexual assault
• Car accidents in which a serious injury occurs as a result of drug or alcohol use
• Assault and battery
• Product liability with known defects
• Intentional infliction of emotional distress
• Nursing home abuse

If a person is speeding down a dark road in a drag race, they know fully what they are doing and that they are putting others at risk. However, if someone fails to stop at a stop sign and causes an accident, that is not necessarily the same. It is even more unlikely that the court will award punitive damages in a case of wrongful death.

What to Do If You Believe You Should Receive Punitive Damages

Victims of a California personal injury who believe they should receive punitive damages must provide proof of such losses and claims. Like with other types of losses, the burden of proof is on you, the victim.

By working with a personal injury attorney, you gain the necessary support. Reach out today to discuss your case.