Yes. Punitive damages are sometimes awarded in California injury cases, but they are limited by the law and don’t apply in every case. Recovering punitive damages is also more difficult than recovering other types of damages in California personal injury cases. Here is what you need to know about punitive damages in California.
What Are Punitive Damages?
Punitive damages are intended to punish the wrongdoer and deter similar conduct in the future. This differs from compensatory damages that are intended to make the victim whole, such as:
- Payment for medical bills and ongoing medical care
- Car repairs
- Lost wages and reduced earning capacity
- Pain and suffering
When Are Punitive Damages Awarded in California?
Under California Civil Code 3294, punitive damages can be awarded in cases involving oppression, fraud, or malice, which are defined as follows:
- Oppression: Despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person’s rights
- Fraud: An intentional misrepresentation, deceit, or concealment of a material fact that the defendant knows and intends to deprive a person of property, legal rights, or otherwise causing injury
- Malice: Conduct intended by the defendant to cause injury to the plaintiff or despicable conduct which the defendant carries out with a willful and conscious disregard of the rights or safety of others
Some instances when punitive damages may be awarded in a personal injury case include:
- Cases involving intentional harm, such as assault, battery, or nursing home abuse
- Sexual assault or abuse
- Product liability cases involving known defects
- Drugged or drunk driving accidents
California’s punitive damages law specifically provides for punitive damages in cases in which a person’s death resulted from a homicide in which the defendant was convicted of a felony.
Higher Burden of Proof
To recover punitive damages, you must be able to show the defendant acted with fraud, malice, or oppression by clear and convincing evidence. Under California’s Jury Instructions, CACI No. 201, clear and convincing evidence is a higher burden of proof. The party must persuade the jurors that it is highly probable that the fact is true. To recover other damages, the plaintiff only has to prove that the fact is more likely than not true (the “preponderance of the evidence” standard). Therefore, it is important that you work with an experienced attorney who knows what type of evidence will help you meet this heightened evidentiary burden.
Contact Us If You Believe You Might Be Eligible for Punitive Damages
At the Miller & Steele Law Firm, we work diligently to secure all damages that our clients are eligible for, including compensatory damages and punitive damages when they apply. Because punitive damages are only awarded in court cases, you must work with a dedicated Carlsbad personal injury attorney who isn’t afraid to take your case all the way to trial to recover punitive damages. Contact our legal team today at (760) 439-2210 to learn more about how we can help.