Most personal injury cases do settle out of court, which takes most claims out of the running for punitive damages.
When you suffer an injury caused by someone else’s negligence, you may be entitled to compensation. However, there are cases where the at-fault party’s behavior is so egregious or malicious that standard compensation doesn’t seem like enough. Many states, including California, allow the court to award punitive damages in those cases. A case must go to court to qualify for punitive damages, which is why having the right personal injury attorney can make a big difference in your claim.
When you choose the team at Milligan, Beswick, Levine & Knox, LLP, you can feel confident knowing that we will fight for the full and fair compensation you deserve. Our personal injury law firm fights aggressively for every client, whether that means negotiating an out-of-court settlement or taking your case to trial. Our team of personal injury attorneys takes a unique approach to each case based on the client’s circumstances. Find out how we can help you now—call us at 909-894-0812 to get started.
What Are Punitive Damages?
In the majority of personal injury claims in California, victims are awarded compensatory damages. Compensatory damages, as their name suggests, are designed to compensate victims for their losses related to an accident. Punitive damages are intended to punish the person responsible for the victim’s injuries.
As any personal injury lawyer will tell you, most injuries are the result of negligence. While this does mean that any given injury was likely avoidable, it doesn’t mean that the at-fault party was grossly negligent or cruel in their actions. Punitive damages are reserved for the few cases that are the result of fraud, oppression, or malice.
Requirements in California
Punitive damages are only awarded in cases that go to court. This excludes the majority of claims that, whether handled alone or with a personal injury law firm, are settled out of court. In addition, the plaintiff must request punitive damages from the court.
The most important part of California’s requirements relates to which cases may lead to punitive damages. Per state law, injuries must be the result of one of the following:
- Malice: The at-fault party engaged in conduct intended to harm the plaintiff or behavior conducted with a willful and conscious disregard for other people’s rights and safety.
- Oppression: The defendant subjected the victim to cruel and unjust treatment with disregard for their rights.
- Fraud: The at-fault party intentionally misrepresented, deceived, or concealed a material fact from the victim, resulting in the loss of property or injury.
Cases That May Result in Punitive Damages
When determining whether or not to award punitive damages, the court may consider a wide range of factors. The jury will consider the entirety of the evidence provided to them and look at the severity of the person’s behavior, if their actions are reflective of a pattern of poor behavior, the extent of your losses, and similar factors. The goal is not just to provide the victim with additional compensation for what they’ve experienced, although punitive damages are paid out to the victim. The goal is to punish the at-fault party and discourage similar behavior from them or others in the future.
We’ll review a few examples of cases resulting in punitive damages, based on real cases. In one case, the court awarded punitive damages to a victim who suffered burn injuries when their car exploded into flames in an accident. The court case exposed the fact that the automobile company knew that this could happen but did not make design changes to prevent it. In cases involving an extremely impaired driver, the court may award punitive damages because a drunk driver—especially one who has habitually driven while impaired—shows a conscious disregard for others’ safety. In a dog bite case, the court may award punitive damages if the owner orders the attack or allows a knowingly dangerous dog to wander freely.
Why Punitive Damages Are So Rare
Most personal injury cases do settle out of court, which takes most claims out of the running for punitive damages. This is why it’s important to work with a personal injury law firm with extensive trial experience if you believe you may be entitled to punitive damages. Once a case does make it to trial, the victim must convincingly demonstrate that their case fits into the narrow definition of cases warranting punitive damages.
Explore Your Legal Options Today
If you’re ready to discuss your claim with a personal injury attorney, the team at Milligan, Beswick, Levine & Knox is here for you. Get in touch with us online or call us at 909-894-0812 to schedule a consultation now.
Join the conversation!