For especially reckless conduct, California juries can award damages meant to punish.
Damages Meant to Punish
Punitive damages are awarded not to compensate the victim but to punish especially wrongful conduct and deter others.
They go beyond ordinary compensation.
The 'Malice, Oppression, or Fraud' Standard
California Civil Code section 3294 allows punitive damages when a defendant acted with malice, oppression, or fraud, proven by clear and convincing evidence.
The standard is demanding.
Common Cases for Punitive Damages
Drunk driving, intentional misconduct, and conscious disregard for safety are common situations where punitive damages may be available.
The conduct must be more than ordinary negligence.
How Amounts Are Decided
Juries consider the reprehensibility of the conduct, the harm caused, and the defendant's financial condition in setting punitive damages.
The award must bear a reasonable relationship to the harm.
Constitutional Limits on the Award
Courts review punitive awards for constitutional limits, generally keeping them within a reasonable ratio to the compensatory damages.
These limits guard against excessive awards.
When Punitive Damages May Apply
Whether punitive damages are available depends on the specific facts and the defendant's conduct.
A free case review can explain whether they may apply to your case.
This article is for general informational purposes only and is not legal advice. Laws change and every case is different. For advice about your specific situation, consult a licensed California attorney.