Whether the result of a car crash, medical malpractice, or other accident, legal tools are available to help those who lose a loved one due to the negligent or reckless action of another. One key example is the use of a civil claim. These actions provide financial compensation to help restore what was lost. Although money cannot replace our loved ones, it can help cover the related expenses. This can include the cost of emergency response teams and medical bills as well as compensation to make up for the loss of income the loved one would have contributed.
In California, these civil damages fall into two primary categories: compensatory and punitive. Compensatory damages focus on making a plaintiff financially whole while punitive damages focus on punishing a defendant for egregious misconduct and deterring similar conduct. Unfortunately, when one can and cannot bring a claim for punitive damages in a wrongful death action in California is confusing. The following will provide an explanation and address how punitive damages operate in California wrongful death litigation.
Compensatory damages: to make whole
Compensatory damages reimburse losses caused by wrongful conduct. In California, compensatory damages in a wrongful death action generally include economic damages and noneconomic damages suffered by statutory heirs, such as loss of financial support, loss of household services, loss of companionship, loss of care, loss of guidance. These damages are measured by the survivors’ losses.
Compensatory damages require proof of liability, causation and damages. The focus remains on valuation, documentation and credible testimony. Punishment plays no role.
Punitive damages: to punish
Punitive damages, also called exemplary damages, serve to punish and deter. California authorizes punitive damages by statute, primarily Civil Code section 3294. A punitive award requires more than negligence. It requires conduct involving oppression, fraud or malice, proven by clear and convincing evidence.
Punitive damages differ from compensatory damages in several practical ways. There is a higher burden of proof, and the evidence focuses on the defendant’s state of mind, policies, prior misconduct and financial condition. The defendant’s finances are also relevant because punishment must be meaningful, yet not constitutionally excessive.
Punitive damages in California wrongful death cases
California generally does not allow punitive damages in a standalone wrongful death cause of action because state law generally allows wrongful death damages for losses suffered by survivors. As such, punitive damages are generally not listed as recoverable in the wrongful death statute.
There are instances when loved ones can still seek punitive damages. This option can remain through a survival action. In some cases, it is possible to file both a survival and wrongful death claim. In that survival claim, the estate may seek punitive damages. It is important to be aware of this distinction when putting together a legal strategy to hold the responsible party accountable for their wrongdoing.
Basic elements to request punitive damages in California
Punitive damages are generally a remedy attached to an underlying tort claim. Plaintiffs must allege facts supporting the request, then establish the necessary elements. The core elements a plaintiff must establish to obtain punitive damages in California generally include:
- Liability for an underlying tort
- Oppression, fraud or malice as defined in Civil Code section 3294
- Proof by clear and convincing evidence
- Evidence of defendant financial condition to support an appropriate punitive amount
This list reflects common requirements. It is important to note that the exact process can vary depending on the details of the case and any changes to current law.
Compensatory damages in California address measurable losses while punitive damages address blameworthiness and deterrence, with a higher proof standard and evidence that the defendant can afford to pay out the award. Those who are working through a wrongful death claim in California are wise to consider the distinction and possible legal strategies to better ensure they hold the responsible parties financially accountable for their wrongdoing.