Punitive damages are additional compensation beyond your actual losses. They're designed to:
• Punish the drunk driver
• Deter future drunk driving
• Make an example of reckless behavior
Unlike compensatory damages, punitive damages aren't based on your injuries but on the wrongdoer's conduct.
What Are Punitive Damages?
How to Qualify
California requires showing:
• "Malice" – intent to harm or despicable conduct
• "Oppression" – despicable conduct causing injury
• "Fraud" – intentional deception
Drunk driving typically qualifies as "conscious disregard for safety" which meets these standards.
• "Malice" – intent to harm or despicable conduct
• "Oppression" – despicable conduct causing injury
• "Fraud" – intentional deception
Drunk driving typically qualifies as "conscious disregard for safety" which meets these standards.
Frequently Asked Questions
How much can punitive damages be?
There's no cap, but courts typically limit them to a reasonable ratio with compensatory damages. Punitive damages of 2-4x compensatory damages are common.
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