After an accident, you likely already know that you are entitled to compensatory damages. These are damages intended to compensate you for your financial and intangible losses, such as medical bills, lost wages, and pain & suffering. But did you know that you might also be entitled to another type of damages, called punitive damages, in some cases?
Dive into all the details below to learn more about what punitive damages are and when you may be able to recover them.
How Do Punitive Damages Compare to Compensatory Damages?
After an accident, the court system uses compensatory damages as the remedy to make the victim whole again. The most common types of damages available to accident victims are economic and non-economic damages.
These damages compensate victims for their financial losses as well as their physical and emotional trauma, including:
- Medical bills
- Lost wages
- Lost benefits
- Property damage
- Pain and suffering
- Emotional distress
- Depression
- Anxiety
- Loss of consortium
Punitive damages are a special type of damages because they are not intended to compensate the victim for a loss. Instead, these damages are used to punish the wrongdoer for their behavior. A judge or jury may also use punitive damages to deter similar conduct in the future.
Punitive damages are only available in rare cases and reserved for cases involving the most egregious conduct. These damages are typically not available in cases involving mere negligence.
When Are Punitive Damages Available?
California law specifies certain situations that give rise to punitive damages in personal injury cases. According to the law, punitive damages are available when the defendant is guilty of “oppression, fraud, or malice.”
These situations often involve intentional conduct, such as:
- Assault
- Battery
- False imprisonment
- Trespass
Generally, the defendant’s conduct must involve gross negligence or a complete disregard for the outcome of their actions. For instance, they knew their conduct had a high likelihood of resulting in an injury, yet they continued to act in that manner anyway.
A common example would be when a victim is injured in a DUI accident. In fact, the law goes on to define malice as intentional conduct or “despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others.”
Additionally, to recover punitive damages, the victim must prove the defendant’s behavior by clear and convincing evidence. Note that this is a higher burden of proof than a preponderance of the evidence required to prove simple negligence. This standard means you must prove that your version of the facts is highly probable.
Are There Any Limits on Punitive Damages in California?
California does not impose statutory caps on punitive damages. However, an award for punitive damages must be reasonable, considering all the circumstances.
The judge or jury should consider:
- The ratio of punitive damages to compensatory damages
- The victim’s vulnerability
- The length or timeframe of the defendant’s conduct
- The outrageousness of the defendant’s behavior
- Any other relevant factors
It is not uncommon to see awards of punitive damages that are in excess of $1 million. In many situations, these damages may exceed the compensatory damages in the case. An experienced personal injury attorney can help you determine an appropriate amount of punitive damages for your claim.
Proving Punitive Damages in a Personal Injury Case
To meet the clear and convincing standard, you will need a substantial amount of evidence in your favor to prove your case. The types of evidence used to prove punitive damages are quite similar to the evidence used to prove a typical negligence case.
This can include:
- Witness testimony
- Testimony from the victim and the defendant
- Photos
- Video
- Text messages or phone call records
- Expert witnesses
Your lawyer can help with gathering the evidence you need to strengthen your case.
