Punitive damages is another phrase for exemplary damages. They aren’t only awarded as punishment for when a defendant’s behavior is found to have been despicable or intentionally misleading. However, they use them to deter others from similar behavior. As per California Civil Code 3294, a personal injury victim can pursue exemplary damages if the defendant is found guilty of engaging in oppression, fraud or malice by clear and convincing evidence. Without actual damages, there can be no punitive damages. Any punitive damages award would be on top of an award for actual damages.
What is Clear and Convincing Evidence?
In a personal injury case, the plaintiff has the burden of proving his or her case by a preponderance of the evidence. What that means is that the plaintiff’s case is more likely true than not true. Clear and convincing evidence is a higher burden of proof than a preponderance of the evidence. It means that the evidence is highly and substantially more likely to be true than not true. Pursuant to CACI 201, it must be highly probable that evidence is true.
At What Time Can You Seek Punitive Damages?
Typically, you can seek punitive damages at the time of the filing of the personal injury lawsuit. As the discovery process progresses and information is obtained, a plaintiff might seek leave from the court to amend his or her lawsuit with a count seeking punitive damages. In either case, the plaintiff should expect a motion to strike the allegations alleging a requirement to plead facts as opposed to conclusory allegations that a defendant’s conduct was malicious. The presiding judge would rule on any motion to strike and either grant it or deny it. Ultimately though, if a count for punitive damages withstands a motion to strike, it’s the jury that would award punitive damages, if any.
What the Plaintiff Must Prove to Be Eligible for Such Damages
Gross negligence or even recklessness aren’t sufficient for purposes of proving eligibility for such damages. To be eligible, the plaintiff must prove the following:
- That the defendant knew of the probable dangerous consequences of his or her act or failure to act, and,
- With such knowledge, he or she deliberately and willfully failed to avoid those consequences.
Who Pays a Punitive Damages Award?
The California Supreme Court has held that insurance companies aren’t responsible for payment of punitive damages. That operates to place responsibility for payment of punitive damages on the shoulders of the defendant. In California, if exemplary damages are awarded, an examination must be made on the ability of the defendant to pay them. They can’t be so low that payment would be a mere nuisance. But not so high that payment would be oppressive. Whatever the amount, the general rule is that you cannot discharge punitive damages in bankruptcy.
Personal injury or wrongful death accidents happen every day in California by drivers who are under the influence of alcohol, drugs or both. In such cases, the victim or family of the decedent are eligible to seek an award of exemplary damages. Not every driver is in a position to pay such damages though. Before seeking exemplary damages in a DUI or other personal injury case, you’ll want to consult with a knowledgeable California personal injury lawyer with the experience and insight necessary to advise you on the likelihood of being able to collect punitive damages from a defendant.
The California personal injury lawyer at Maison Law can consult with you confidentially and at no cost on the viability of seeking such damages in any California personal injury case. We can help after an injury or losing a loved one in an accident. Contact Maison Law as soon as you can for that free consultation and punitive damages evaluation. Strong evidence in favor of an award of punitive damages might operate to factor into a higher settlement.
Contact a Personal Injury Lawyer
After an accident involving a serious injury in the Central Valley, contact attorney Martin Gasparian for a free consultation and case evaluation. Mr. Gasparian takes a hands-on approach to every case. He believes that every client should work directly with their lawyer. They need get honest advice and personalized attention to detail their case deserves.
