While all personal injury claims that succeed in California will result in compensatory damages, not all will result in punitive damages. In fact, only an estimated 3-5% of cases end in punitive damages for plaintiffs. A punitive damage award is something a judge or jury may grant a victim if the defendant’s actions warrant punishment. According to California Civil Code 3294, a plaintiff may seek punitive damages by proving through clear and convincing evidence that the defendant was guilty of fraud, malice or oppression. Only in these scenarios may a plaintiff recover punitive damages in addition to actual damages in California.
Intentionally concealing or misrepresenting facts to deprive the plaintiff of a legal right or property or otherwise injuring the plaintiff. Knowingly deceiving the plaintiff also constitutes fraud.
Conduct meant to cause the plaintiff injury or death through a malicious intent to harm. Conduct reckless enough to show a conscious disregard for the safety of others could also be malice.
Despicable conduct that subjects the plaintiff to cruel and unjust hardship, with an intentional disregard of the victim’s rights.
If the defendant is an employer, one of its officers, directors or managing agents must have had advance knowledge of the fraud, malice or oppression yet failed to do anything about it for the employer to be liable. California law also allows plaintiffs to seek punitive damages during wrongful death claims if the defendant committed felony homicide. Whether the plaintiff’s loved one died instantly or survived the critical injury for a time, the plaintiff could seek punitive or exemplary damages from the defendant for committing the felony.