When You May Be Entitled To Punitive Damages In A Monterey Personal Injury Lawsuit

Personal injuries often happen due to the reckless and negligent behavior of others. Filing a personal injury lawsuit against them can help you get the compensation you need to cover your property damages, medical expenses, lost wages, and other costs.

In some cases, you may be entitled to additional amounts for pain, suffering, and other losses. This includes exemplary damages, which serve to punish the at-fault party for particularly egregious behavior. Our Monterey personal injury lawyer explains what exemplary damages are and when you may be entitled to them in a claim.

Damages In California Personal Injury Claims

Negligence on the part of others is the most common cause of car crashes, slips and falls, and other accidents resulting in personal injuries. This means the at-fault party either took actions that put you at risk or failed to take reasonable precautions. You have the right to hold them accountable for your losses, either through insurers or by filing a personal injury lawsuit in Monterey.

Compensation in a California injury lawsuit is referred to as damages. It is designed to provide for both economic and non-economic losses suffered by victims. Examples include:

• Economic damages: Covers tangible costs, such as repair or replacement of damaged property, medical expenses, lost wages, and future lost earnings or benefits.
• Non-economic damages: Covers intangible losses, including pain, suffering, scarring, disfigurement, and lost enjoyment in life.

Under the California Civil Code, you may also be entitled to exemplary damages. This is an amount over and above other compensation awarded. It is designed to punish the at-fault party and to send a message to others, preventing them from engaging in the same type of negligent behavior.

When Are Punitive Damages Awarded In A Monterey Injury Claim?

Exemplary damages are sometimes referred to as punitive damages, as they punish the at-fault party involved. However, they are only available in limited situations. If you file a personal injury lawsuit through the Monterey County Civil Court, you may be able to claim exemplary or punitive damages in the following cases:

• If the person responsible for your injuries engaged in particularly willful and negligent behavior;
• If there is clear evidence they acted with oppression, fraud, or malice.

Exemplary damages may be awarded in any case where a person or business is well aware of taking actions that put others at risk and shows a gross disregard for their well-being. The amount available is often two to three times the total amount otherwise awarded in the case.

Our Monterey Personal Injury Lawyer Gets You Compensation

When representing clients in personal injury cases, the Allen Law Firm pushes for the maximum amount allowed by law. Depending on the situation, this may include exemplary damages. To discuss your rights in filing a lawsuit and the compensation you may be entitled to in your claim, reach out to our Monterey personal injury lawyer. Call or contact our office online and request a consultation today.

Sources:

leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=3294.&lawCode=CIV

monterey.courts.ca.gov/