Punitive Damages in Personal Injury Cases in Los AngelesA presentation brought to you by our personal injury attorneys in Los Angeles
Punitive damages are awarded in personal injury cases when the individual is harmed to a certain degree.
These damages are non-monetary and paid by the defendant for a particularly wrongful act.
3Situations that Allow for Punitive Damages >>
Under the California Civil Code, the punitive damages can apply in three distinct situations.
Contractual breaches are such situations, if the defendant has oppressed the plaintiff or he/she committed fraud.
4>> Situations that Allow for Punitive Damages
Oppression is legally defined as the act of disregarding a person's right with cruelty and punitive damages may be applicable for this act.
Fraud and malice are two other situations in which the defendant may receive punitive damages.
5Punitive Damages in Personal Injury Cases >>
These additional damages used to punish the defendant are not used in every personal injury case.
The judge may find that they are appropriate in order to discourage the plaintiff from committing similar acts in the future.
6>> Punitive Damages in Personal Injury Cases
Some common cases in which punitive damages may be appropriate for the defendant include:
vehicle accidents when the defendant was driving under the influence of drugs or alcohol;assault or battery;some business torts or contractual breaches.
7How to Claim Punitive Damagesin California
Plaintiffs involved in a personal injury claim in California can claim punitive damages if they succeed in providing enough evidence that the defendants actions were harmful.
A personal injury lawyer in Los Angeles can help you prove that the defendant engaged in malicious or oppressive acts.
8Types of Compensations awardable in California
The types of compensations or damages usually awarded in personal injury cases throughout California include monetary compensations for the medical bills, lost wages or other expenses related to the accident.
The plaintiff may also receive compensation for the non-economic damages, like pain and suffering.
9How can a Lawyer Help You Obtain Punitive Damages
A personal injury lawyer in Los Angeles can help you prove in court that the malice, oppression or fraud was caused by the defendant or by one or more officers or agents acting on his behalf.
It is equally important to prove that the said individual acted consciously and knowing that his acts were a clear disregard of safety.
10Legal Assistance for Personal Injury Cases in California
In a personal injury case, where punitive damages are used to punish the defendant, the plaintiff will need to prove that his actions were reasonably harmful and directly related to the damages suffered.
One of our Los Angeles personal injury lawyers can help represent you in court.
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