If you have been hurt in an accident, a personal injury lawyer can help you understand whether you may be entitled to recover compensation for your damages. While economic and non-economic damages are more common, punitive damages may be available in some limited cases.
Punitive damages are used to punish the defendant for their behavior, and these damages are reserved for cases involving particularly egregious behavior, malice, fraud, or oppression—not just ordinary negligence. Keep reading below to learn everything you need to know about punitive damages in California.
Types of Damages Available in Personal Injury Claims
Damages are used by the civil court system to make an injured victim whole again. Damages usually come in the form of financial compensation. While not every loss suffered by an injury victim is financial in nature, money is used as a sort of universal form of reimbursement. There are a few different types of damages that may be awarded in personal injury claims.
Economic Damages
Economic damages are used to compensate victims for their financial losses. The specific types of economic damages that may be available in your case depend on the type of injuries and losses you suffered.
You have a right to recover compensation for all of your financial losses, including:
- Medical bills
- Lost wages and benefits
- Future reduced earning capacity
- Property damage
- Out-of-pocket expenses
- Physical therapy
- Medical devices and equipment
There are no limits on the amount of economic damages that may be recovered in personal injury claims. Proving the value of these losses should be fairly easy by using evidence such as bills, receipts, and other documentation.
Non-Economic Damages
Most accident victims also have some losses that are not financial in nature. Non-economic damages are used to compensate victims for these intangible losses.
Some common types of non-economic damages are:
- Pain and suffering
- Emotional distress or mental anguish
- Diminished quality of life
- PTSD
- Depression
- Anxiety
- Loss of enjoyment of life
- Permanent scarring
- Permanent disability
- Disfigurement
- Loss of reputation
Putting a dollar figure on these losses can be challenging. The value of these damages depends on many factors, such as the severity of your injuries and the length of your recovery. An experienced personal injury lawyer can help you properly value your non-economic damages based on all the facts of your case.
Punitive Damages
Punitive damages are a special type of damages that are not available in most personal injury cases. Punitive damages are not used to compensate the victim for a loss. Instead, they are used as a way to punish the defendant for their behavior and deter similar behavior in the future.
Each state sets its own rules that govern punitive damages. Each state decides when punitive damages are available and any limits that may be imposed on the amount of punitive damages awarded. Some states even prohibit punitive damages in most cases unless they are expressly authorized by another statute.
When Are Punitive Damages Awarded?
Most personal injury claims do not allow for the recovery of punitive damages. Punitive damages are not available in cases involving simple negligence. California law states that punitive damages are available when the plaintiff can show by clear and convincing evidence that the defendant acted with fraud, oppression, or malice.
Punitive damages are common in cases involving intentional torts, such as assault or battery. They may also be available after certain types of car accidents that involve extreme recklessness, such as drunk driving accidents or accidents involving extremely high rates of speed.
Are There Any Caps on Punitive Damages in California?
Some states place statutory limits on punitive damages. California is not one of them. In California, there is no statutory cap on punitive damages. However, the amount of punitive damages awarded must not be excessive based on the facts of the case.
Some factors that may be considered when determining an appropriate amount for punitive damages include:
- The recklessness of the defendant’s behavior
- How long the defendant was engaged in their behavior
- The financial situation or ability of the defendant
- Whether the defendant profited from their behavior
- The severity of the victim’s injuries
Punitive damages must be reasonable when considering all the facts of the case. They must also be proportionate to the harm suffered by the victim. While there is no set rule, punitive damages must generally not exceed nine times the value of the compensatory damages awarded in the case.
Contact Mercado Kramer, LLP for a Free Consultation
Determining whether punitive damages are available in your case can be challenging. The best way to determine what types of damages are available in your situation is to get help from an experienced personal injury lawyer.
The team at Mercado Kramer, LLP can help you identify all the damages to which you may be entitled. Call us today at (888) 311-4050 to schedule a free consultation with a Monterey County personal injury lawyer and let us help you pursue maximum compensation for your claim.
