California accident victims can seek economic and non-economic damages from at-fault parties for what they’ve been through.
But in extreme cases of negligence, victims may also receive more money when punitive damages are levied against the at-fault person or business. These are fines meant to punish the at-fault party for extremely reckless behavior that causes an accident.
They are enforced in the California Civil Code (CIV).
CIV 3294.
- In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.
California Accidents and Compensation
California personal injury victims can seek help as they begin their journey back to wellness and a normal life. An injury may have been caused by a reckless driver on a freeway or a store owner who left out a hazard that caused a slip-and-fall while you were shopping.
Victims should ask for help with economic damages like money to pay ER bills and their missed paychecks. They must get help with non-economic hardships, like the pain they endure and the emotional trauma an injury causes.
But in some cases, punitive damages are also possible.
How Can Punitive Damages Increase My Settlement?
Punitive Damages are fines included in some personal injury cases. They are meant to inflict extra punishment on an individual, or a business or a property owner who was extremely careless with someone’s safety and ended up getting someone hurt.
Punitive damages aren’t assessed for the benefit of the victim. They are intended to add extra punishment for those at fault, in the hopes that they and others are deterred from such dangerous behavior again.
However, victims and their families do receive the proceeds of any fines paid. This can add thousands of dollars in support.
It’s important to note that punitive damages are rare in personal injury cases, but they are possible.
Proving Gross Negligence in Punitive Damage Cases
Punitive damages are only considered in cases that involve extreme negligence on the part of the at-fault party. The carelessness is often said to rise to the level of “gross negligence.”
Gross negligence involves an extreme lack of caution shown to victims who were owed a duty of care.
In regard to the text in the Civil Code, the victim would need to establish that the responsible party engaged in one of these types of behavior:
- “Malice” means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others.
- “Oppression” means despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person’s rights.
- “Fraud” means an intentional misrepresentation, deceit, or concealment of a material fact known to the defendant with the intention on the part of the defendant of thereby depriving a person of property or legal rights or otherwise causing injury.
In real-world terms, a car accident claim may involve punitive damages if a motorist was traveling while way over the legal limit for Blood Alcohol Content (BAC) and hurt someone.
A manufacturer might be hit with punitive damages in a product liability injury case if the maker sold a product it knew was dangerous. A doctor may be accused of malicious behavior in a medical malpractice case.
Contact a California Personal Injury Lawyer to Talk Over Your Options
If you’ve been seriously hurt in a frightening accident caused by someone else’s mistake, it’s a good idea to talk over your next steps with Maison Law. We offer a free, no-obligation case consultation to all injured victims.
We can help you earn money to pay your medical bills, replace your lost income, and pursue punitive damages if your case warrants it.
You also don’t have to worry about how to pay a lawyer if you need one. We don’t charge anything unless we win your case for you. If we win, our fee comes out of the settlement check the at-fault party must turn over to you.
