A judge might award punitive damages for particularly egregious California personal injury cases. However, this category of personal injury damages is more difficult to get. As a result, it is often reserved for particularly egregious cases.
So, what would it take for you to get punitive damages in California? When do judges deem it right to award a victim punitive damages?
Let's look at what our prescreened Los Angeles personal injury lawyers have to say:
Punitive Damages: What They're For And When You Can Get Them
Although the punitive damages awarded pale compared to the actual economic or non-economic damages, they can significantly aid personal injury lawyers in easing the financial burdens their clients and clients' survivors bear throughout difficult times.
What's The Difference Between Punitive And Other Damages In California?
If you have a California personal injury case, you'll have the chance to be awarded the following:
- Economic Damages. Economic damages are granted for monetary compensation per California Civil Code 1431.2. This includes hospital bills, lost income, property repairs and damages, etc.
- Non-Economic Damages. Non-economic damages are compensation for intangible and non-financial losses, such as pain, suffering, irritation, mental anguish, loss of company and companionship, loss of consortium, and loss of enjoyment of life.
- Punitive Damages. Punitive damages are a type of punishment used to deter willful, negligent, or malicious conduct. Punitive damages are neither economic nor non-economic damages because they are not awarded for making up for any losses.
Getting damages requires you to prove there was negligence and that the defendant is responsible for your injuries and losses. Hence, it's vital to consult with a prescreened California personal injury attorney to ensure a successful personal injury claim.
When Are Punitive Damages Awarded Under California Law?
Most personal injury claims center on compensatory damages, which are intended to make up for the harm the defendant caused to the plaintiff. But on rare occasions, a victim of personal injury may be able to seek both compensatory damages and so-called punitive damages.
Punitive damages are special damages that are only permitted under a few limited conditions. Punitive damages have two essential purposes: to punish or to make an example of.
1. Punishing The Defendant
Punitive damages are intended to hold the defendant accountable for especially egregious acts. Gross negligence and malicious intent are considered very severe and are often punished more than typical personal injury cases.
That said, why is a defendant made to pay more?
Quick answer: financial loss is among the worst things that can happen to someone. A person is less likely to commit the same offense again the more money they lose.
That said, if you've experienced a particularly egregious accident, you should have a Los Angeles personal injury lawyer review your case to determine the damages you might be awarded for them.
2. Deterring Others
Not only is a defendant punished for their actions, but punitive damages deter other people from engaging in similar conduct. The court wants to make "an example" out of a defendant who has caused an exceptionally severe action.
Again, financial loss is a valuable tool for deterring people from committing repeat violations. However, unless the loss is significant, nobody will truly pay attention. For this reason, punitive damages may be ten times the amount of compensatory damages.
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