Beyond Compensation: Decoding Punitive Damages in Personal Injury Claims

Unidos Legales Abogados de Accidentes de Auto en San Fernando Valley

Punitive damages in a personal injury case are intended to punish the defendant for their actions and to deter others from engaging in similar behavior. Punitive damages are typically only awarded in cases where the defendant's conduct was particularly egregious or reckless.

For example, a jury might award punitive damages in a case where a drunk driver caused a serious accident, or in a case where a doctor committed medical malpractice that resulted in the patient's paralysis.

In order to be awarded punitive damages, the plaintiff must prove that the defendant's conduct was malicious, willful, wanton, or reckless. This means that the defendant must have known that their conduct was likely to cause harm, and they must have either disregarded that risk or acted with reckless indifference to it.

If the plaintiff is successful in proving that the defendant's conduct was malicious, willful, wanton, or reckless, the jury will then be asked to determine the amount of punitive damages to award. The jury will consider a number of factors, including the severity of the plaintiff's injuries, the defendant's financial resources, and the need to deter others from engaging in similar behavior.

If you have been injured due to someone’s negligence, it is important to speak with an experienced Los Angeles personal injury attorney to discuss whether you may be eligible for punitive damages.