What Are Punitive Damages for DUI Cases in Los Angeles?
Drunk drivers are a significant problem in Los Angeles and throughout California. Driving under the influence, or DUI, is behind thousands of serious collisions each year. If an intoxicated driver caused your auto accident injury in Los Angeles, a special category of damages may be available in addition to typical financial compensation: punitive damages.
Punitive Damages Explained
When an injured party or plaintiff files a personal injury claim in California, their goal is to be made whole again by recovering financial compensation from the defendant (at-fault party). A successful claim can result in compensatory damages for the victim’s economic and non-economic losses.
Typically, a successful car accident claim in Los Angeles will lead to financial benefits being awarded to the victim from the at-fault driver’s car insurance company for losses such as medical bills and property damage. The value of the settlement will depend on the circumstances, such as the severity of the victim’s injuries.
Unlike compensatory damages, punitive damages are not awarded to make up for a crash victim’s losses. Instead, their purpose is to punish a defendant for causing the car accident through an egregious act of negligence or wrongdoing. This can include driving under the influence or driving while intoxicated.
When Are Punitive Damages Available in Los Angeles, CA?
Under California Civil Code §3294, punitive damages can be awarded by the courts in a car accident case in Los Angeles if a judge believes they are appropriate based on the defendant’s actions or behaviors in relation to the crash.
To secure punitive damages, the plaintiff must submit a request for this type of compensation with “clear and convincing evidence” of one of the following:
- Malice: conduct made with intent to injure the plaintiff or “despicable conduct with a willful and conscious disregard of the rights or safety of others.” This is the most common reason when seeking punitive damages for a DUI accident.
- Oppression: despicable conduct that subjects a plaintiff to “cruel and unjust hardship in conscious disregard of that person’s rights.”
- Fraud: intentional deceit, concealment or misrepresentation of a material fact known to the defendant for the purpose of causing injury or depriving the plaintiff of property or legal rights.
Punitive damages are awarded as a way of acknowledging the severe act of wrongdoing committed – both to discourage future such misconduct by the defendant and to send a message to the Los Angeles community that drunk driving will not be tolerated.
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How to Seek Punitive Damages for a DUI Accident in Los Angeles
If you wish to seek punitive damages from a drunk driver in addition to other compensation for your losses, start by contacting a drunk driving accident lawyer in Los Angeles. An attorney can provide critical assistance that helps you maximize your case outcome. This can include gathering evidence against the intoxicated driver to show that he or she acted with malice in causing your crash.Punitive damages can potentially increase your total settlement or judgment award. California does not have a damage cap or legal limit on the amount of punitive damages that can be awarded in a DUI accident case. To discuss the possibility of punitive damages in your drunk driving accident claim in Los Angeles, contact Rose, Klein & Marias LLP to request a free consultation with an attorney.