What are Punitive Damages in California?
After a personal injury, your case may generate several
damages to be awarded to you as compensation. These are often meant to cover
any health issues you may have suffered after a serious injury, paid for by the
But, your case may be more serious. For instance, if the
defendant has an obligation to you, and they not only fail those obligations,
but also cause further harm to you, you may be entitled to punitive damages.
Punitive Damage Laws
In California, people are expected to meet the standards of
care that prevent
harm through negligence. During the incident your case is about, however, you
may have been inflicted with further harm than otherwise could be expected from
the situation. If you were menaced or intentionally injured, for example, you
may be able to call for punitive damages.
A punitive damage is essentially a type of damages that are
not made to compensate you, but are instead to
punish the defendant. The intent is to deter further malicious action,
lowering the chances of similar future cases.
These damages can also be awarded to you if the defendant was
especially malicious, but if the damages paid to you are not enough to cover
all your expenses. While few cases award punitive damages, the defendant’s
actions may warrant them.
What You Can Expect
During your case, you can expect any request for punitive
damages to need plenty of evidence. When claiming that someone has acted in a
way malicious enough to deserve punitive damages, you may be asked to provide
enough evidence to make it as clear as possible that they were acting that way.
Proving malice can be difficult, but it is also necessary to prove fault beyond
Once you have provided as much evidence as possible, the
judge and jury will then decide how much you will be awarded. While stories of
multi-million-dollar settlements from large corporations are common, it is much
rarer for a person to receive these sorts of settlements.
You can, however, see some damages to compensate you for the
defendant’s actions. With the right firm, you can get the evidence you need to
help your case.
Speak to Our Firm Today
Punitive damages are uncommon to receive, but they’re far
from impossible. Individuals or corporations who have acted out of malice or
apathy may be found guilty of that, beyond their negligence. The first step to
getting punitive damages is to gather as much proof as possible, and to request
these damages as part of your settlement.
If you are interested in asking for further damages but
don’t know where to start, start with Dickson Kohan & Bablove, LLP.
Contacting us is simple: fill out the online form, or give us a call at