The Conditions In Which Punitive Damages Can Be Awarded For A Personal Injury Case

Punitive damages can only be awarded if certain conditions are present. This is true, even if the accident/incident you are a victim of was especially serious.

Going over the conditions in which punitive damages can be awarded and speaking with a California personal injury attorney will allow you to obtain the damages you are entitled to.

What Are Punitive Damages?

The definition of “punitive damages” is as follows: damages that are awarded separately from the actual damages that an individual is awarded.

Just as an example, if you were in a car accident in California, then you can obtain damages from the person who caused that car accident, due to your injuries, time lost at work, damaged car, and so on and so forth.

You can also obtain damages that are not directly related to the factors outlined above. And, the damages that you can obtain that are unrelated to those factors will be related to the conduct of the person who owes you damages.

Returning to our example, if a person who caused a car accident acted in an especially negligent or egregious manner – drunk driving, for example – then you may be able to obtain punitive damages from them.

What Are The Conditions In Which Punitive Damages Can Be Awarded?

Punitive damages are meant to punish the individual who, within the context of personal injury law, created the accident/incident you were involved in.

The only way punitive damages can be awarded, though, is if punishment is considered necessary. And punishment can only be considered necessary if these conditions are present:

• The person who caused the accident/incident acted fraudulently.
• The person who caused the accident/incident unfairly targeted you.
• The person who caused the accident/incident acted with malice.
• The person who caused the accident/incident acted with a clear intention to harm you.
• The person who caused the accident/incident acted recklessly.
• The person who caused the accident/incident gave you tangible and/or intangible harm.
• The person who caused the accident/incident is not appropriately compensating you.
• The person who caused the accident/incident will only cease their conduct if forced to pay damages.

If you, and your attorney, can prove that several of these conditions are present, it is very, very likely that you will be awarded punitive damages for the accident/incident.

Outside of the above, if a person did not directly cause an accident/injury, but were involved in it, in some capacity, then you may be able to obtain damages from them, as well.

What Factors Determine The Amount Of Punitive Damages You Can Receive?

The factors that determine the amount of punitive damages you can receive are as follows:

• The severity of the conduct that occurred.
• The financial status of the person who caused the accident/incident.
• The size of the punitive damages.

Regarding the latter point, punitive damages cannot be excessive, as per the Supreme Court’s ruling. And, furthermore, these damages must not be so significant that they create financial ruin.

Speak With A Northern California Personal Injury Attorney

If you were involved in an accident or incident and would like to obtain punitive damages, then you must work with an attorney.

Speak with a Northern California personal injury attorney at Maire & Deedon, and we will help you obtain the damages you are entitled to.