Can I Recover Punitive Damages In A Personal Injury Claim?

[jaxon]

  Can I recover punitive damages in a personal injury claim?

[Txomin]

Another idiot talking to themselves. Why can't they do that in private?

[Attewell]

  Not necessarily, and not in all cases, but there are cases in which punitive damages may be recovered in a personal injury case. Under California law, in the usual personal injury case, the plaintiff need only prove that the defendant was negligent and that such negligence caused or contributed to the plaintiff's injuries. However, to obtain an award of punitive damages, the plaintiff must prove that the defendant acted with fraud, oppression or malice, and the plaintiff must prove one of these three things by clear and convincing evidence. more