During a personal injury claim in California, the burden of proof rests with the plaintiff. It will be the filing party’s duty to prove the defendant more likely than not caused his or her losses. It will also be up to the plaintiff to prove eligibility for punitive damages, if applicable. This requires clear and convincing evidence of the defendant’s intentional or malicious wrongdoing. As the plaintiff in a personal injury claim, you or your lawyer will need to gather evidence of the defendant’s fraud, malice or oppression to receive punitive damages.0
Photos or videos proving fault
Eyewitness testimony
Opinions from experts
Accident reconstruction
Police reports and records
A criminal conviction against the defendant
Proof the defendant can afford to pay punitive damages
Hiring an attorney can improve your chances of receiving fair compensation for your claim, including punitive damages. A lawyer will know precisely how to gather evidence of the defendant’s wrongdoing and present it to the judge or jury in a way that will maximize the odds of receiving a punitive award. Punitive awards serve to deter the defendant – and others in the community considering similar actions – from future wrongdoing.