In personal injury cases in Ontario, CA, successful plaintiffs can get an award of punitive damages. However, this is rare due to the high burden of proof under state law. Compensatory damages can be won through simple negligence in an injury case; however, the claimant needs to show the court that the defendant had serious wrongful conduct to win punitive damages. A personal injury attorney in Ontario can fight for an injured accident victim so they can get the monetary damages they deserve. Also, they can answer questions from clients about punitive damages in a personal injury case in Ontario.
What are Punitive Damages?
The usual kind of monetary damages an individual might seek following an accident injury due to somebody else’s negligence is called compensatory damages, such as medical expenses, pain and suffering, and lost wages. These damages are meant to compensate the injured victim for the losses that resulted from the carelessness of the defendant.
Meanwhile, punitive damages are not associated with the amount of harm the victim sustained. Instead, they refer to the awfulness of the defendant’s behavior. These damages are awarded to punish the defendant and stop them from behaving this way again in the future. Additionally, a defendant with deep pockets may be ordered by a court to pay the victim both punitive damages and compensatory damages.
What to Prove to be Awarded Punitive Damages
The state of California requires all injured individuals to show that the defendant committed intentional harm, exercised fraud or malice, or took part in reckless and dangerous conduct without considering the potential harm to others. In a personal injury case, fraud often refers to organizations that intentionally hide facts about things such as the effectiveness or safety of products to induce consumers to purchase them. Should the product harm a consumer, the latter must prove this deception or misrepresentation to be awarded punitive damages.
Hiring the Right Lawyer
Building a personal injury case for punitive damages can be complex. Because of this, plaintiffs must hire a personal injury attorney to represent them. The best attorney has years of experience standing up for justice for their clients and has secured positive outcomes for them. They can help clients collect evidence, document their expenses, and negotiate with insurers. This allows claimants to concentrate on recovering from their injuries. Most personal injury lawyers do not collect upfront fees from clients. Instead, they get a percentage of the final case settlement as a fee for their legal services.