What Are Punitive Damages?
If you have suffered an injury because of another person or party’s negligence, such as in a traffic accident, slip and fall accident, or boating accident, you can seek compensation from the at-fault party – generally through their insurance provider – for the physical, financial, and emotional losses you experience. In some specific circumstances, however, you can also seek what is known as punitive damages, which are designed to punish the at-fault party for their egregious wrongdoing rather than to compensate you for your losses. If you have suffered an injury in a negligence-based accident, an experienced Ventura personal injury attorney has the skilled legal guidance you’re looking for.
Punitive Damages in California
In California, punitive damages are also known as exemplary damages, which means they set an example for others not to engage in similar practices. Punitive damages are classified as non-compensatory because they are not intended to compensate the victim. If the court awards you punitive damages, you will receive the additional amount on top of your compensatory damages, which break down into the following categories:
- Property damage, such as to your car in a car accident
- Medical expenses, including those related to costs that are ongoing
- Lost income, including any lost earning potential
- Physical and emotional pain and suffering
While California has no cap on punitive damages, the federal government prohibits excessive punitive damage awards.
When Punitive Damages Are Awarded in California
Punitive damages are only available in those personal injury claims in which the at-fault party’s actions go well beyond basic negligence and cross over into a blatant disregard for the rights and safety of the victim or into intentionally causing harm, such as in some aggressive driving cases. The kinds of personal injury claims that are most likely to support punitive damages include all the following:
- Accidents involving drunk driving
- Claims that involve bad faith on the part of the insurance company handling them
- Claims that involve manufacturers taking active steps to conceal the harmful effects of a consumer good they sell
For the punitive damages to apply to your case, your lawyer must demonstrate that the other party’s conduct was characterized by one of the following:
- Malice, which refers to ill intent
- Oppression, which refers to misconduct that is considered outrageous
- Fraud, which refers to intentionally misrepresenting or concealing facts that the injured party had the legal right to know
The burden of proof for punitive damages is higher than it is for compensatory damages, which requires the preponderance of the evidence – or more than 50 percent. For punitive damages, you must have clear and convincing evidence, which means that it must be substantially more likely that your claim is true rather than untrue.
Reach Out to an Experienced Ventura Personal Injury Attorney Today
The accomplished Ventura personal injury attorneys at Bamieh & De Smeth have a wealth of experience helping clients like you obtain the compensation to which they’re entitled, including punitive damages when they apply, and we’re here for you, too. To learn more, please contact us online or call 805-643-5555 today.
