Punitive damages are awarded in rare personal injury cases that reach trial and involve extreme conduct from the at-fault party. In some instances, punitive damages claims can result in shockingly high jury verdicts.
In rare cases, even seven-figure punitive damages awards are possible. Most of the time, however, courts refuse requests for punitive damages. If you are seeking them, you’re probably going to need the help of a lawyer.
Compensatory Damages vs. Punitive Damages
California recognizes two types of damages in personal injury cases—compensatory and punitive. Compensatory damages include both economic damages and non-economic damages. They are routine in the sense that every victorious plaintiff receives some form of compensatory damages.
Punitive damages, on the other hand, are extraordinary. This is because of a difference in purpose:
- The purpose of compensatory damages is to compensate an injured victim for their losses.
- The purpose of punitive damages is to punish a defendant for outrageous behavior and to make an example of the defendant so that other people know not to imitate them.
Given the purpose of punitive damages, you might think that the defendant should pay them to the government rather than to the victim. Nevertheless, in California, punitive damages go to the injured party.
“Oppression, Fraud, or Malice”
The general statement is that to win your punitive damages claim, you must prove that the defendant’s conduct was outrageous. More specifically, the defendant must have acted with “oppression, fraud, or malice.” These terms may be described as follows:
- “Oppression” means “despicable conduct” that intentionally disregards your rights. A DUI accident might qualify, for example.
- “Fraud” means deceit or intentional misrepresentation (a doctor falsifying medical records to conceal medical malpractice, for example);
- “Malice” means conscious disregard of your well-being with the intention of harming you. Punching you in the nose, or “mugging” you, might qualify.
Any one of these will do; you don’t have to prove all three.
“Clear and Convincing Evidence”
You must prove your claim for punitive damages by “clear and convincing evidence.” This standard of proof is harder to meet than the “preponderance of the evidence” standard that you will need to prove to win compensatory damages.
It is much easier to meet, however, than the “beyond a reasonable doubt” standard that a criminal prosecution must meet.
Punitive Damages and Out-of-Court Settlements
Most personal injury claims settle out of court. And “most” doesn’t mean 75%. It means more like 97%. Nevertheless, you will likely have to go to trial to get punitive damages, because very few defendants, if any, will agree to pay them.
Additionally, very few insurance policies cover punitive damages. Remember, no matter how great the defendant’s liability, no insurance policy is obligated to pay a dime beyond the terms of the policy it issued.
Does California Limit Punitive Damages?
Some states place specific limits on the amount of punitive damages you can win. California does not, except that you usually cannot win punitive damages from a government entity.
The US Supreme Court, however, has ruled that the state cannot enforce “grossly excessive or arbitrary punishments,” which restriction probably includes excessive punitive damages awards.
California Courts Are Reluctant To Award Punitive Damages
Even if you win your claim, you probably won’t win punitive damages unless the circumstances are just right. California courts are reluctant to award punitive damages in general.
Examples of Conduct That Might Justify a Punitive Damages Award
Following are some examples of conduct that can potentially result in punitive damages awards:
- Driving under the influence of alcohol or drugs, causing a serious accident.
- A truck accident arising from aggressive ‘tailgating.’
- Intentionally running a red light or stop sign, leading to a collision.
- Speeding in a school zone, resulting in pedestrian injuries.
- Engaging in street racing in a residential area, causing an accident.
- Texting while driving, leading to a high-speed collision.
- Assault and battery during a road rage incident.
- Gross negligence in maintaining property, leading to a severe slip and fall injury.
- Operating heavy machinery without proper training.
- Deliberate disregard for safety regulations in a workplace.
- Failure to secure hazardous materials, leading to exposure and injury.
- Manufacturing defective automotive parts.
- Ignoring the known risks of a dangerous product, leading to consumer injuries.
- Failing to recall a product after being aware of its potential to cause harm.
- Unauthorized release of toxic substances, causing environmental harm and personal injury.
- Failing to provide adequate security in a public venue, resulting in assault and injuries.
None of these scenarios guarantees the award of punitive damages.
An Experienced Hermosa Beach Personal Injury Lawyer Can Evaluate Your Case for Punitive Damages
If you believe that punitive damages are warranted in your case, by all means, do not try to represent yourself. Instead, seek the assistance of an experienced Hermosa Beach personal injury lawyer.
Under the contingency fee system that almost all personal injury lawyers use, you only pay legal fees if you win compensation, and the amount you pay is directly proportional to the amount you win. If your recovery is zero, your attorney’s fees will also be zero. Our Hermosa Beach personal injury attorneys at The Simon Law Group can help. Contact us today to schedule a free consultation (424) 722-3209.
