San Diego Punitive Damages Lawyer | San Diego County Exemplary Damages Lawyer

When are Punitive Damages recoverable San Diego, California?

San Diego, California Punitive Damages Lawyers can help you recover when someone has intentionally hurt you or after a car accident with a drunk driver.

Punitive Damages are a legal tool created to prevent people and companies from doing bad things. They act as a penalty and a deterrent. In some situations, an injured party is entitled to receive punitive damages from a party who has injured them. In California, punitive damages can be awarded in cases where the defendant is found guilty of oppression, fraud, or malice. This often occurs where the injury was caused intentionally or when the defendant knew that his or her actions were likely to cause injury.  California allows punitive damages in most types of civil cases that are not simply a breach of contract.

In California, a San Diego punitive accident lawyer may recover punitive damages if the driver that hit you was legally intoxicated. While California law typically requires that the defendant injured you intentionally, the California Supreme Court created a loophole in Taylor v. Superior Court (1979) 24 Cal. 3d 890 to allow for punitive damages in San Diego Drunk Driving Accident cases. Punitive damages may also apply in cases of San Diego Nursing Home Abuse (15657. Defendant liable for physical abuse or neglect; attorney’s fees and costs; limits on damages; punitive damages).

The San Diego punitive damages laws are:

3294. Exemplary damages; when allowable; definitions

When the defendant has oppressed or defrauded the victim or acted with malice, punitive damages may be recovered. This does not apply in California Breach of Contract actions. This section also defines "Malice," "Fraud," and "Oppression."

3295. Protective order; prima facie case of liability prerequisite to certain evidence; discovery limitations; evidence of profits or financial condition

A court can prevent the victim from showing evidence that the defendant has profited by hurting the victim until the victim first proves that the defendant caused the damages and acted in a Malicious, Oppressive, or Fraudulent manner.

3296. Insurers and health care service plans; punitive damage judgments; copies to commissioners; sanctions

Special procedural rules apply when suing a health insurer for punitive damages. Suing an insurer for punitive damages may be necessary in San Diego Car Accident cases or other cases where a health insurance company has acted in a way that caused you to suffer an injury.

San Diego area urgent medical care services can help when you have suffered a San Diego, CA injury:

 

 Scripps Clinic Rancho Bernard
15004 Innovation Drive
San Diego, CA 92128
(858) 487-1800
Urgent Care & More
3434 Midway Drive
San Diego, CA 92110
(619) 225-6200
Gaslamp Medical Center
250 Market Street
San Diego, CA 92101
(619) 239-9675

How can you find a quality San Diego Punitive Damages Lawyer near you?

Contact one of the qualified San Diego Personal Injury lawyers listed in the box at the top left of this page for help with your San Diego Car Wreck lawsuit or other San Diego lawsuit involving punitive damages.

San Diego Punitive Damages Attorneys represent clients in all areas of San Diego and San Diego County as well as the area surrounding San Diego. Serving clients throughout Southern California, including Bonita, Bostonia, Casa de Oro, Chula Vista, Coronado, Del Mar, El Cajon, Granite Hills, La Mesa, Lakeside, Lemon Grove, Lincoln Acres, Mount Hope, National City, Poway, Rancho San Diego, Rancho Santa Fe, Rosemont, San Diego, Santee, Solana Beach, Spring Valley, areas in the vicinity of Naval Base Point Loma, North Island Naval Air Station, San Diego International Airport, and other communities in San Diego County.