CVC 3294 is the primary statute for determining punitive damages. These types of damages go beyond compensating an injured victim and serve more as a way of punishing the defendant for an extreme act of carelessness. For example, in the context of a car accident, if a driver was street racing or driving while intoxicated, punitive damages could apply because their behavior was extraordinarily careless.
Punitive damages in a personal injury case are usually rare and require a much higher standard of proof than ordinary damages; however, they can apply to certain situations.
Proving Punitive Damages
Proving negligence or carelessness does not support an award of punitive damages. A plaintiff must prove with clear and convincing evidence that the defendant was:
- Aware of the probable dangers and consequences of their actions
- The defendant willfully and deliberately failed to avoid these consequences
Physical evidence is not needed to prove a defendant acted with an awareness of probable harm to a particular victim. There are certain instances where the awareness to cause injury to another is obvious. An example of this would be drunk driving. Intoxicated drivers can be held liable for punitive damages as it is well known that operating a motor vehicle while under the influence of alcohol or drugs is extremely dangerous.
The Purpose of Punitive Damages
The right to punitive damages is a statutory right. California Civil Code 3294 states a plaintiff can obtain punitive damages when it is proven by clear and convincing evidence that a defendant has been guilty of oppression, fraud, or malice.
The purpose of punitive damages is to serve as punishment and deterrence of unacceptable conduct. They are considered the best remedy for protecting individuals from serious negligence. The deterrence justification for punitive damages is meant to achieve two objectives:
- Deter specific defendants from repeating or continuing their offensive behavior
- Deter other potential parties from committing similar offenses
Punitive damages were originally not intended to compensate the plaintiff. However, the plaintiff is the party who receives the reward, so the reality overrides the intention. The goal of the law to punish gross negligence remains the same regardless and the plaintiff is awarded the punitive damages “because there is no one else to receive it,” as stated in Shepherd Components, Inc. v Brice Petrides-Donohue & Assoc.
Get Legal Help in California
Maison Law has years of experience dealing with extreme acts of carelessness where punitive damages may apply. When dealing with an injury, it is essential to have a skilled team of Personal Injury Lawyers on your side to prevent your case from being dismissed and to protect your right to compensation. So, get the legal help you need and contact Maison Law today for a confidential, no-cost consultation.
