What are Punitive Damages in Car Accident Cases?

Many people know that when they are in a car accident that was caused by another person’s negligence, they can file a claim against them to obtain financial compensation. However, many people do not understand the different types of compensation they can receive. One classification of damages in California is punitive damages, vastly different from the other types available in personal injury cases. Below, one of our California personal injury lawyers explains more about punitive damages.

What are Compensatory Damages in Car Accident Cases?

When many people think of the damages available in car accident cases, they often first think of compensatory damages. As their name suggests, compensatory damages are meant to compensate you for the actual losses you suffered as a result of another person’s negligence. There are many different types of compensatory damages and they include:

• Medical expenses, including emergency room visits, hospitalizations, surgeries, prescription medication, and more
• Lost income, wages, employment benefits, vacation pay, and sick pay
• Loss of earning capacity, if you cannot return to the same line of work and must accept a lower-paying job
• Property damage if you need to repair or replace your vehicle or other personal property
• Loss of consortium if you cannot maintain an intimate relationship with your spouse
• Pain and suffering, for any physical pain and emotional anguish caused by the crash

You can pursue compensatory damages for any loss you suffered as a result of an accident caused by another person’s carelessness. A California personal injury lawyer can help you prove your case so you can obtain the full damages you deserve.

What are Punitive Damages in Car Accident Cases?

Unlike compensatory damages, punitive damages are not intended to compensate you for the losses you suffered during a car accident. Instead, they are meant to punish the negligent defendant and deter them and others from acting in a similar manner in the future. Also unlike compensatory damages, punitive damages are not available in all car accident cases. In fact, they are quite rare.

To be eligible for punitive damages, you must prove that the defendant acted with malice, oppression, or fraud. Each of these have different meanings. To act with malice means the defendant intended to cause you injury or engaged in despicable conduct with a willful disregard for the rights of other people.

Acting with oppression means the defendant engaged in despicable conduct that subjected you to cruel and unfair hardship with a willful disregard of your rights. Acting fraudulently refers to intentionally misrepresenting an important fact known to the defendant with the intention of depriving you or your legal rights or property or otherwise causing injury.

The courts in California have also awarded punitive damages when defendants have displayed willful and wanton negligence.

This means the negligent party acted intentionally knowing that their actions would likely result in harm. Simple negligence does not require evidence that the defendant knew their behavior would pose a serious threat. For example, a motorist may travel at five miles above the posted speed limit. This is not particularly egregious, and the motorist may not realize that even this slight increase in speed can cause injury.

On the other hand, willful and wanton negligence does require proof that the defendant knew their actions could cause harm and behaved in that way anyway. In the example of a speeding motorist, it is reasonable to assume that traveling at 30 miles per hour can cause serious injury. If the defendant was traveling at this speed and caused a crash that resulted in serious injury, punitive damages may apply.

How are Punitive Damages Calculated?

There is no standard formula for calculating damages after a car accident in California. When a judge or jury is determining whether to award punitive damages, they will consider a number of factors, including:

• How egregious the defendant’s behavior was
• If the actions of the defendant showed a pattern of behavior
• If there is a reasonable relationship between the actual harm, or potential harm, suffered and the amount of punitive damages
• Whether the defendant blatantly ignored the health and safety of others
• The amount needed to punish the defendant and deter them from taking the same actions in the future

A car accident lawyer will present as much evidence as possible to prove the defendant’s behavior was deplorable and that it is in everyone’s interest for the defendant to have to pay a large amount of punitive damages. It is important to note that the courts will not consider the wealth of a defendant when determining whether punitive damages apply or the amount to award.

Caps on Punitive Damages

While many other states place a cap or limit on punitive damages, California does not. However, the Fourteenth Amendment includes a Due Process Clause that states that punishments cannot be arbitrary or grossly excessive. In addition, the United States Supreme Court has determined that punitive damages must be reasonable and proportionate to the amount of harm to the plaintiff and the compensatory damages awarded. Generally speaking, the more reprehensible the defendant’s action, the higher the punitive damages are.

Punitive Damages After a Fatal Car Accident

Car accidents are sometimes so severe that victims do not survive them. In these cases, punitive damages are not typically available, even though the loss of life is the most severe outcome of a crash. However, if loved ones decide to pursue a survival claim along with a wrongful death claim, punitive damages may apply if the deceased could have pursued them if they survived the crash.

Our Car Accident Lawyers in California Can Help You Claim Full Damages

Claiming the full damages you deserve after a car crash is not easy. At The JLF Firm, our California car accident lawyers can accurately value your claim and hold the negligent party responsible for paying the full and fair damages you deserve. Contact us to schedule a free case evaluation and to learn more about how we can help.