When one party gets injured in California due to the negligent activities of another party, the latter party becomes responsible for the first party’s damages. The possible types of compensation include medical bills, lost wages, and intangible damages. However, there is another possible compensation known as punitive damages.
Punitive damages are not paid to the victim to help them with their finances and expenses, like the other damages, but to punish the defendant. However, it is not very easy to obtain punitive damages, given that laws are strict in California. According to Civil Code Section 3294, the plaintiff must prove, with evidence, that the defendant acted with malice, fraud, or oppression.
If you or your loved one was injured in an accident caused by another party and you want to file for punitive damages, you must consider various factors. One common question that arises is, “Was it simply careless, or did it show a deliberate disregard for others’ safety?” To get answers to your questions, consult with an attorney from the Saeedian Law Group today.
Things to consider when filing for punitive damages.
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Nature of defendant’s actions.
The first thing to consider while filing for punitive damages is the nature of the defendant’s conduct. Punitive damages are generally awarded for cases that involve extreme negligence, fraud, or intentional wrongdoing. The more offensive the conduct, the more the chances of a successful punitive damages claim.
Common examples of conduct may include companies that commit big fraud, people who recklessly endanger other’s lives, and so on.
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Laws and regulations of your state.
Different states have different laws and regulations regarding punitive damages. It is important to understand the specific nature of your state, including any limits on how much extra money can be awarded and the required standards of proof.
Reviewing similar cases in your state will help you get an idea of how the court handles such situations and awards damages. If the court has awarded extra damages to the victim in previous cases, it may increase your chances of success in seeking punitive damages.
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Relationship to compensatory damages.
The court may consider the relationship between punitive and compensatory damages. For example, you are awarded $100 as compensation for something wrong done to you. In some places, the extra punishment money, which is punitive damages, can not be more than three times this amount. Therefore, the maximum you could get as extra punishment would be $300.
However, to get this extra money, you will need to prove that you were really hurt. It helps show that the wrongdoer’s action caused significant damage and justifies your claim.
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Evidence and documentation.
It is the duty of the victim to prove that the defendant’s action resulted in their injuries. Therefore, collecting evidence is very important. This may include witness statements, expert testimonies, documentary evidence, and findings from investigations.
A well-documented case will strengthen your claim and increase your success rates.
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The defendant’s financial status.
Courts also consider the financial status of the defendant when awarding punitive damages. The goal of extra punishment is not only to punish the wrongdoer but also to prevent others from doing the same thing. If the defendant has considerable assets, the court may award higher punitive damages.
However, if the defendant has a low income, making them pay a large amount of extra punishment might not be fair.
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Impact on the plaintiff.
The emotional and psychological impact on the victim can influence the awarding of punitive damages. Showing that you suffered not only physically but also mentally can strengthen your argument for punitive damages.
Courts often evaluate if the punitive damage awards are justified for a broader community. For example, the court is more likely to award punitive damages in cases that involve public safety than in purely civil dispute cases.
Think you deserve punitive damages?
If you believe punitive damages apply to your case, consult with an attorney today!