California’s judicial system especially in the Los Angeles jurisdiction provides special legal mechanisms for cases where standard compensatory damages are not sufficient to adequately sanction harmful behavior. Among these mechanisms, punitive damages stand out, and they represent an additional financial sanction in cases where the damage is caused by particularly severe forms of unconscionable conduct.
Bojat Law Group, a law firm that specializes in representing clients in serious bodily injury cases, points out that understanding the specific circumstances that may lead to the award of punitive damages is a key element in representing clients’ interests. Our many years of experience confirm that the courts in Los Angeles apply strict criteria when deciding on criminal damages. Our catastrophic injury attorneys are aware of the complexities of these cases and are dedicated to achieving maximum compensation for our clients through thorough documentation and proving the severity of offenses that warrant criminal damages.
What Are Punitive Damages
Punitive damages are a special form of compensation that aims to punish the aggrieved party for exceptionally reckless or malicious behavior and to deter others from similar actions in the future.
How Do They Differ From Compensatory Damage
Unlike compensatory damages, which serve to compensate for damage incurred as a result of an injury, such as medical expenses, lost wages, and emotional distress, punitive damages serve to punish the grieving person for particularly dangerous or intentional behavior.
Compensatory and punitive damages combined can provide substantial financial compensation for victims who suffered serious injuries as a result of the defendant’s conduct involving intent or gross disregard for the safety of others.
Punitive Damages Data
According to the latest data from the United States Department of Justice, the institution of punitive damages is being applied selectively and strategically – in only 12% of all tort suits, plaintiffs seek punitive damages, while they are awarded in only 5% of cases where plaintiffs win the suit.
Statistics further show that the median awarded punitive damages is $64,000 while only 13% of cases involve amounts over $1 million. Significantly, about half of all cases in which punitive damages are awarded undergo some form of judicial review, often resulting in a reduction of the initially set amount.
Examples of Punitive Damages in California
Studies show that in California over the last decade, 30% of personal injury claims have been settled by the award of punitive damages. In one famous case, a court awarded $5 million in punitive damages to a victim of an injury caused by a drunk driver.
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When Can You Claim Punitive Damage
In California, punitive damages may be awarded when there is clear and convincing evidence that the defendant has acted with:
How Do Punitive Damages Work in Catastrophic Injury Cases
Cases of catastrophic injuries include injuries that drastically change the victim’s life, such as:
- Brain and spinal cord injuries that cause paralysis
- Severe burns that require multiple surgeries and long-term rehabilitation
- Amputations, or
- Loss of sight or hearing
These injuries often result in:
- High medical expenses
- Loss of wages
- Non-economic damages, such as pain and suffering.
However, punitive damages are awarded only in cases where the plaintiff’s actions were especially intentional or reckless. For example:
- Car accidents caused by driving under the influence of alcohol (DUI) may warrant criminal damages for willful violation of the law.
- Intentional harmful actions, such as physical assault or aggressive behavior.
- Products with serious defects, where manufacturers have deliberately ignored safety standards.
How To Calculate Punitive Damages
The amount of punitive damages depends on:
- Actual Harm
- Defendant’s Conduct
- Deterring Similar Conduct
California laws set statutory caps to ensure that punitive damages are not excessive. In most cases, the amount of punitive damages must be reasonable in comparison with the compensatory damages awarded to the victim.
Why Hire Bojat Law Group
The attorneys of the Bojat Law Group have successfully secured substantial punitive damages for clients in Los Angeles in cases where large corporate defendants intentionally violated security regulations. Our recent successes include multimillion-dollar settlements in cases against unscrupulous manufacturers and insurance companies.
Over the past five years, our team has successfully proven entitlement to punitive damages in 83% of the cases where we have claimed it – well above the 30 percent average for California. This result is a direct consequence of our selective approach and thorough preparation of the documentation.
While the average Los Angeles attorney rarely handles criminal damage cases, our team specializes in just such complex cases. We work with leading medical experts and forensic experts who help to prove the severity of the injuries and the degree of negligence of the plaintiffs.
Call us for a free consultation on your case.
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