Various damages may be available in California injury cases, including economic and non-economic damages. Somewhat less common are punitive or exemplary damages, which are designed to punish defendants rather than compensate plaintiffs for any specific losses.
Punitive damages must be claimed specifically in your initial complaint. On top of that, these damages are not automatically considered. Generally, plaintiffs must prove by “clear and convincing evidence” that the defendant acted with fraud, malice, or oppression, which is a high burden of proof. As such, you must have evidence pertaining specifically to your claims for punitive damages, and a lawyer who can help you use the evidence to its fullest potential.
Ask our Los Angeles, CA personal injury attorneys for a free, private legal assessment when you call the Law Office of John J. Perlstein at (213) 252-1070.
How to Claim Punitive Damages in a California Injury Case
Claiming punitive damages may be possible, but it is rarely easy. These are not like typical economic and non-economic damages common in most injury cases; there are special rules to follow.
When to Claim Punitive Damages
Punitive damages are not discussed or considered unless the plaintiff specially claims punitive damages in their initial complaint. This means that we must include your claims for punitive damages when our California personal injury lawyers first file your case.
Trying to claim punitive damages sometime later, perhaps after more information or evidence has come to light, may be possible, but it will also be difficult.
Presenting a Prima Facie Case
Upon the defendant’s request, the court may require the plaintiff to present what’s called a “prima facie” showing of the defendant’s liability before the case moves forward.
A prima facie showing typically involves presenting sufficient evidence to establish a credible claim. In short, we need very strong evidence to support your claims for punitive damages.
No Stating the Value of Punitive Damages
We cannot claim a specific amount of punitive damages. Instead, the value of a punitive damages award is determined by the “trier of fact,” i.e., the jury.
How Do You Prove Your Claims for Punitive Damages?
Punitive Damages Are Separate from Other Damages
Proving claims for punitive damages will not be easy. There is a separate burden of proof for punitive damages in California, and it is a higher burden than for your overall civil claims.
Put another way, the burden of proof for punitive damages in California is separate from the burden of proof for your other damages and overall claims. Even if you cannot satisfy the burden of proof for punitive damages, you may still successfully prove your other damages and win your overall case.
Burden of Proof
When claiming punitive or exemplary damages in California, plaintiffs must prove their claims by “clear and convincing evidence.” This is a much higher burden of proof and needs stronger evidence compared to the burden of personal injury lawsuits(a “preponderance of the evidence”).
Keep in mind that proving punitive damages is separate from proving the injury case. You can still win your case for typical compensatory damages, even if you can’t prove punitive damages.
Oppression, Fraud, or Malice
To prove punitive damages, we must prove that the defendant caused your injuries through oppression, fraud, or malice.
Malice
The law defines malice as an intent or desire to cause harm to the plaintiff, or it may be “despicable conduct” that is conducted with a conscious disregard for the safety and rights of others.
Oppression
Oppression is conduct that subjects a person to unjust or cruel hardships, and the defendant must be shown to consciously disregard the plaintiff’s rights.
Fraud
Finally, fraud is defined as intentional deceit, misrepresentation, or concealment of material information known to the defendant, with the intent to deprive the plaintiff of property or legal rights, or to cause injury.
Evidence Needed to Prove Punitive Damages in California
Perhaps the most important part of proving claims for exemplary or punitive damages is having sufficient evidence.
Gathering Sufficient Evidence
Again, the burden of proof for proving punitive damages is higher than the burden for your overall lawsuit. This means we need even more evidence to satisfy the burden of proof. We must leave as little room for doubt about punitive damages as possible.
Establishing Eligibility for Punitive Damages
We need as much evidence as possible that shows you are eligible for punitive damages and that the defendant should be held liable for those damages.
As discussed earlier, punitive damages require that the defendant acted with malice, fraud, or oppression. If we have no evidence of any of these elements, your case may not be eligible for punitive damages in the first place.
The Defendant’s Finances
In California, plaintiffs must present evidence the defendant’s financial condition before receiving punitive damages.
If a defendant is wealthy, punitive damages must amount to more than a mere fine. Courts need evidence of the defendant’s finances so ensure that punitive damages, if awarded, are high enough to act as a sufficient deterrent and punishment.
FAQs About Suing for Punitive Damages in California Injury Cases
Are Punitive or Exemplary Damages Available in California Injury Cases?
Punitive damages may be available in California injury cases. They are available in cases where the defendant caused the plaintiff’s injuries through malice, fraud, or oppression, but they tend to be difficult to obtain. As such, punitive damages are somewhat rare compared to compensatory damages.
Can You Get Punitive Damages in a Settlement?
No. Even if your case is eligible for punitive damages, defendants are not obligated to pay them in a settlement. Often, if a plaintiff wants punitive damages, the only way to get them is through a trial.
When Are Punitive Damages Blocked in California Injury Cases?
Punitive damages may be blocked in certain cases filed against the defendant’s employer. If an employee caused your injuries while working, and you wish to sue their employer, the employer is not liable for punitive damages unless they knew in advance that the employee was unfit to work.
This therefore needs a conscious disregard for the safety of people their employee might harm.
How Do You Prove Claims for Punitive Damages?
To prove claims for punitive damages, you and your lawyer must prove by clear and convincing evidence that the defendant acted with malice, fraud, or oppression when they caused your injuries. This is a high burden to meet, and we will need very strong evidence.
Are Punitive Damages Easy to Obtain?
No. First, your case needs to be eligible for punitive damages. Then, punitive damages require a much higher burden of proof, more evidence, and more wrongdoing from the defendant.
Discuss your Injury Claims with Our California Personal Injury Attorneys
Ask our Orange County, CA personal injury attorneys for a free, private legal assessment when you call the Law Office of John J. Perlstein at (213) 252-1070.