You May Be Entitled To Punitive Damages For An Injury You Sustained

You can obtain damages for an injury you sustained due to another person’s negligence. These damages are often compensatory; they will serve as compensation for the injury and the problems that this injury created.

Even though most personal injury lawsuits only lead to compensatory damages, there is a chance you may be able to obtain punitive damages for an injury you sustained.

Going over the facts that underlie punitive damages and speaking with a Northern California personal injury attorney today will help you obtain the damages that you are entitled to.

What Are Punitive Damages?

Right before we answer the question above, we must define “damages.” Damages are a remedy the court can award you, in order to compensate you for the harm you sustained, as well as the costs associated with that harm.

A good example of the above is as follows: if you are hit by a car in California and need to have surgery, you can obtain damages that help you pay for this surgery.

Punitive damages are damages that are awarded to you in order to punish the person whose negligence caused your injury.

Just as an example, if a drunk driver hits you with their car, you are entitled to damages. Some of these damages will be solely to compensate you for the injury. Others will, in most cases, be to punish the driver for their illegal actions.

You may not be able to obtain punitive damages for the injury you sustained. There is a chance, though, that you may be able to do so. It is dependent on the facts of your case.

When Are You Entitled To Punitive Damages?

You may be entitled to punitive damages if the following are present:

1. The person who caused your injury acted in a manner that was either intentional or considered a form of “malicious conduct.”
2. The person who caused your injury subjected you to cruel and unusual hardship through the actions that led to your injury.
3. The person who caused your injury intentionally misrepresented the material facts of your case in a way that is deemed fraudulent.

You can find one example for every single one of the above in the section below:

1. If you sustained a traumatic brain injury due to being hit by a drunk driver who was deliberately trying to crash into you, this would likely be considered malicious conduct.
2. If you sustained a severe nerve injury that is currently depriving you of the ability to use your legs, and it was their negligence that caused this injury, this would likely be considered a cruel and unusual hardship.
3. If you sustained a traumatic brain injury due to being hit by a car, and the person who caused this accident disposed of evidence that supported your claims, this would be considered fraudulent.

Every single one of the above can lead to punitive damages. These will be paid on top of compensatory damages.

Speak With A Northern California Personal Injury Attorney Today

If you would like to obtain damages for an injury you sustained, you should work with someone who can help you do so. Speak with a Redding, California personal injury attorney at Maire & Deedon today to obtain the compensation you are owed.