Many understand that personal injury cases call for compensation to cover lost wages and medical bills alongside other losses. However, it is important to know that you can obtain more than the obvious compensation under special or unique circumstances through being awarded what we call “punitive damages,” which serve a rather unique purpose in a case. Consulting an experienced personal injury lawyer can help you understand what this involves and when you, as a victim, can apply for it. This knowledge is very important.
Understanding Punitive Damages
Also referred to as exemplary damages, they are considered a special kind of compensation awarded to a plaintiff by a court in addition to the initial compensation they were awarded. While the initial compensation is designed to reimburse economic and non-economic concerns for a victim, this category is awarded to further punish defendants whose conduct in the incident is considered reckless and highly negligent. They serve the following purposes:
- They serve as a source of punishment to the defendant regarding their behavior in which the harm caused was intentional or he or she showed gross misconduct.
- They discourage others from similar misconduct through imposing significant financial penalties.
When are they Awarded?
Punitive Damages in Personal Injury Cases – Simply because you have filed a personal injury case, it is not a guarantee that you are automatically liable. Therefore, the courts must hear the case and determine whether the defendant’s actions are considered malicious or extremely harmful. The Civil Code sect. 3294 provides for the application of this category for a plaintiff if it is clearly proven that the defendant is guilty of oppression, malice, and fraud.
The following are cases where they can be considered.
Gross negligence and disregard for safety
Defendants who show complete disregard to other people’s safety thus causing injuries to them fall under this category. A key example that applies under this category is drunk driving. A driver who will drink and choose to drive home despite being drunk intentionally makes the choice despite knowing that there are other road users.
Intentional acts/misconduct
In cases where the defendant intentionally causes the victim’s injuries, then the case is considered. Situations that involve assault and battery are common examples in this category.
Fraud and/or deceit
Where the defendant misled a victim and in turn the deceit led to his or her injuries, then the courts may award exemplary damages. For example, a company that does not disclose all the components of their products that in turn harms its user is likely to fall under this category.
Proving your Entitlement
Punitive Damages in Personal Injury Cases – It is not every personal injury case that attracts this type of recovery in California. Therefore, you must be able to prove that the defendant’s conduct surpassed the normal limits of the initial claim. While it may be challenging for you to meet the required expectations, you can ease your tension and consult with Big Ben Lawyers to ensure you submit your case right.
You need to gather adequate evidence to strengthen your claim. These may include police reports and similar criminal charges which will in turn prove that the defendant has repeat cases. You must also gather witness testimonies to prove the severity of the incident. Expert opinions are a must have to help your case. This is not limiting to medical experts but it also refers to working with a lawyer that is knowledgeable in the field. The key objective is to ensure that you can submit the necessary evidence to prove your case beyond a shadow of a doubt.
Legal Considerations
In California, they are governed by Civil Code Section 3294. The following are legal considerations that are applicable in California.
California Statutory Cap
While many states impose a cap on the payable amount, California on the other hand does not have a limit an individual can recover. The amount is awarded according to what the courts feel the victim deserves. However, the courts ensure that the awards are reasonable and proportionate to the harm caused.
Proportionality
The US Supreme Court ruled that the exemplary damages awarded must be reasonably proportionate. The ideology is to ensure fair and just compensation. According to the state rule, they can award any amount as long as it does not surpass nine times the amount awarded in the initial settlement.
Due Process Clause
Although there is no statutory limit on the damages, the 14th amendment protects against unjust punishment. Depending on the defendants conduct, the awarded damages must be reasonable and relevant to the harm caused.
Practical Advice
- Seek the services of a professional lawyer to ensure you have a strong case before going to court.
- Evidence should be gathered while still fresh. Therefore, file your case as soon as possible.
Frequently Asked Questions (FAQs)
Q: Do punitive damages apply to wrongful death in a personal injury case?
A: In California, it is important to note that first, exemplary damages are applicable in a personal injury case. However, when it comes to wrongful death cases, the rule differs slightly. Under normal circumstances, it would not apply to wrongful death. However, if the defendant is convicted of a felony murder, then depending on the case, the plaintiff can file this claim.
Q: How much is an individual likely to receive in such a case?
A: There are different factors that the jury or judge will consider in an effort to make the right and legal calculations. These factors include:
- The accused conduct
The conduct of the accused is highly considered whereby they will look at the history of his or her conduct. Where there are instances of repeat misconduct, the amount issued may be higher as compared to a first time offender.
- The severity of the injuries/ham
The courts will award higher amounts in instances where the victim suffered severe injuries. Therefore, the more catastrophic the incident is proven, the more the payout. Keep in mind that the plaintiff must be able to provide sufficient evidence to prove your claim.
- The accused financial capabilities
The courts will consider the financial capabilities and resources with the intent of ensuring that the amount is hefty enough to punish the defendant.
- Percentage of the compensatory damages
The courts will consider some proportionality to the initial compensation offered whereby they will indicate an amount not surpassing a certain percentage of what was awarded for the compensatory damages.
Q: Do I really need a personal injury attorney and what will be his or her main roles?
A: Yes you do need a personal injury attorney when filing your claim because they play an important role that when left unattended; you may lower your chances of winning your case. The key roles include:
- Investigating your case and gather the right evidence
Without evidence, then there is no case and it can be difficult to gather the necessary evidence as a victim. You may not understand the requirements that are sufficient to submit as evidence. In addition, an attorney is in a better position to gain access to professional services.
- Building a strong case which is an added advantage because of their experience and knowledge
Attorney experience and knowledge in the field is undisputed. They know what is expected as well as how and where to get what is expected. They can maneuver the legal field better as opposed to a victim. In addition, they are in a better position to build a strong case as a result of their experience.
- Representing you in court
Legally, these cases can only be finalized in court. As such, considering the malicious nature of the claims, it is a challenge to represent yourself and thus the importance of a lawyer for your case.
- Negotiating with the third party to ensure adequate recovery for the victim and punishment for the defendant.
Q: Is it possible for an individual to be awarded their claim in a settlement or out of court?
A: No it is not possible. Keep in mind that only a judge or a jury has the capacity to award exemplary damages in California. However, in cases where malice, oppression and fraud are involved, they may offer a considerable amount to avoid court hearings.
Q: Does the state involve any tax possibilities?
A: Generally, they are taxable and they are taxed as another source of income in many cases. However, there are some exceptions that are included depending on the severity of the injuries in question making personal injury cases an exempt case.
Conclusion
Punitive Damages in Personal Injury Cases – Punitive damages are considered a powerful tool whereby the legal system goes far and beyond the compensation concept to ensuring that defendants learn their lesson and change their ways. The victim receives compensation while ensuring that the defendant is punished accordingly. Consult with Big Ben Lawyers to avoid the risk of losing your claim. The key objective is to hold individuals and companies accountable for malicious actions and in turn promote safety in the society. Always consult with professional legal assistance to determine your eligibility for exemplary damages.
References
Alexandra B. Klass. (2012). Minnesota Law Review: Punitive Damages and Valuing Harm. https://minnesotalawreview.org/article/punitive-damages-valuing-harm/
Catherine M. Sharkey. (2004). The Yale Law Journal: Punitive Damages as Societal Damages. https://www.yalelawjournal.org/article/punitive-damages-as-societal-damages