Can You Collect Punitive Damages From A Personal Injury Lawsuit?

Some personal injury lawsuits are so egregious that punitive damages can be awarded. However, many personal injury lawsuits do not meet this criteria, preventing one from obtaining punitive damages.

Going over how you can collect punitive damages in California from a personal injury lawsuit and speaking with a California personal injury attorney at Maire & Deedon will allow you to obtain the damages you are entitled to.

What Are Punitive Damages?

The definition of punitive damages is as follows: a type of damages that can be awarded as punishment when the defendant’s behavior is found to be especially harmful.

Just as an example, if someone acts in an especially harmful manner and, in doing so, creates an injury, then there is a possibility that the court will award the victim damages and punitive damages due to that harmful conduct.

Even though the above can happen, it is never guaranteed. But, depending on the circumstances of your personal injury case, there is a chance that you can receive regular damages and punitive damages.

Why Are Punitive Damages Useful?

Punitive damages are awarded as a punishment designed to deter certain types of harmful behavior. And for this reason, the court considers them useful, as they can prevent other people from engaging in these same behaviors.

Outside of the above, though, punitive damages can also assist you in recovering from your personal injury, as well as the pain, suffering, and loss that it has created.

On their own, the damages you receive should take care of the pain, suffering, and loss that your personal injury has created. But, if there has been emotional damage, then receiving punitive damages from the individual who injured you can assist you in moving forward, knowing that they have been punished for their actions.

Can You Collect Punitive Damages From A Personal Injury Lawsuit?

To answer the question above, “Yes, you can collect punitive damages from a personal injury lawsuit.” But, doing so isn’t easy, and, with that in mind, you must work with an attorney who can help you collect these damages.

Outside of the above, while working with your attorney, you must prove that certain types of conduct occurred and that, in occurring, they either led to or contributed to your personal injury.

The different types of conduct you can prove in order to obtain punitive damages are as follows:

• Malicious conduct that led or contributed to your personal injury.
• Fraudulent conduct that led or contributed to your personal injury.
• Oppressive conduct that led or contributed to your personal injury.

In order for you and your attorney to prove this conduct, you must demonstrate that:

• The conduct was directly related to your personal injury.
• The conduct led to your personal injury.
• The conduct contributed to your personal injury.

You and your attorney must also provide evidence that clarifies this conduct and its nature, as well as its relationship to your personal injury. And if you can do so, then you will be able to obtain punitive damages.

Speak With A Northern California Personal Injury Attorney Today

You can obtain punitive damages from your personal injury lawsuit. But, in order to do so, it is of the utmost importance that you work with an attorney.

Speak with a Northern California personal injury attorney at Maire & Deedon today, and we will assist you in obtaining the damages you are entitled to.