- these are more difficult to quantify and their assessment often relies on the jury’s discretion.
Punitive damages:
- Punitive damages do not seek to compensate the victim but rather to punish the wrongdoer and deter similar misconduct in the future.
- In California, punitive damages are governed by CALIFORNIA CIVIL CODE 3294(a), which allows their award when the defendant is found guilty of malice, oppression, or fraud. This means the defendant’s conduct wasn’t just negligent but egregious and caused harm beyond the actual damages suffered by the plaintiff.
- There is no cap on punitive damages in personal injury cases in California. However, the Due Process Clause of the 14th Amendment imposes limits to prevent excessive or unfair fines.
