Finally, you may choose to pursue punitive damages in the event of extreme recklessness or intent to harm committed by the negligent party. Punitive damages are not meant to compensate the victim, but instead to punish the guilty party for malicious or extreme actions. Punitive damages are harder to receive, and it is important to consult with your attorney if you want to pursue them.
Punitive damages have historically been awarded in cases of car accidents caused by DUI, assault and battery, sexual assault, intentional infliction of emotional suffering, or wrongful termination.
A victim may successfully receive punitive damages if they are able to present clear and convincing evidence that the defendant oppressed, defrauded, or maliciously hurt the plaintiff.
Oppression is defined by California law to include conduct that subjects a person to cruel and unjust hardship that goes against their personal rights.
Fraud, in the context of pursuing punitive damages, is defined as intentional misrepresentation, deceit, or concealment of facts with the intent to deprive a person of property or legal rights or otherwise cause injury.
Malice is defined by the state of California as conduct that is meant to cause injury to the plaintiff or conduct that’s carried on by the defendant with a willful disregard for the rights or safety of others.
California does not impose caps on punitive damages but notes that the Fourteenth Amendment does not allow for grossly excessive or arbitrary punishments and that any punitive damages awarded must correspond reasonably and proportionately to the harm to the plaintiff and to the general damages recovered.
Punitive damages are calculated after the judge and jury consider a number of factors, but notably, punitive damages are based solely on the defendant’s conduct, and not their financial resources.
To pursue punitive damages in the case of oppression, malice, or fraud, it is imperative to have clear and convincing evidence. This evidence must be even more definitive than the evidence presented for other aspects of the case. If you are unsure whether the evidence you have is sufficient for the pursuit of punitive damages, be sure to review your case with your attorney.