Under the California Civil Code Section 3294, punitive damages may be sought from a negligent party so long as there is clear and compelling evidence that proves that they are guilty of malice, fraud, or oppression. These are awarded in addition to economic and non-economic damages in cases where it has been proven that the other party’s actions were particularly egregious, such as driving under the influence (DUI) or excessive speeding.
The purpose of punitive damages in a personal injury case is to punish the defendant for the significant harm their actions have inflicted on others and to serve as an example in the community that such conduct will not be tolerated. Punitive damages are not available in all civil cases and are generally awarded at the discretion of the court.