After an accident or injury, you may be eligible for punitive damages in a personal injury lawsuit if the respondent’s conduct was egregious. Despite the fact that civil penalties are seldom issued in personal injury claims, they could be warranted in certain circumstances. Here are a few things to keep in mind when considering punitive damages after a California car accident.

Punitive Damages Defined 

In the vast majority of circumstances, a personal injury petitioner is entitled to receive reparations. These are financial remedies that reimburse a claimant for health care expenses, loss of earnings, reduced projected earnings, and even mental anguish. Given the circumstances, compensation might cover a wide range of expenditures. 

Punitive damages or civil penalties are meant to punish the negligent party and discourage other people from also engaging in the same behavior.  A court may order the offender to pay civil fines to the plaintiff as a punitive action to avoid a recurrent incident.

Proving That Civil Penalties Are Warranted 

For civil fines to be assessed, the plaintiff must show “clear and convincing proof” that the defendant owes not only compensatory reparations, but also punitive damages for their act(s) of gross negligence. This is a higher standard than the proof required for negligence, which is simply by a “preponderance of the evidence.” How much the penalties will be is set by a jury once the request is granted. 

How Much Money Will a Defendant Pay for Punitive Damages? 

Generally, the penalty assessed against the defendant should be proportionate to their wealth or earnings. If the defendant can pay the fine without issue, the goal of discouraging them from acting in the same manner again is unlikely to be met. Damages awarded to the plaintiff should also be calculated based on the amount of harm done. A defendant should not have to pay the same civil penalties for a minor injury as they would if they had caused someone to lose a limb or even their life. 

Get Legal Help From a Los Angeles Personal Injury Attorney Today 

Don’t hesitate after you or someone you love were critically injured in an accident through no fault of your own. The Lewin Law Group can help you recover compensatory and punitive damages if possible. Call now for your consultation at 888.603.0201. Serving Los Angeles, Santa Monica, Long Beach, Anaheim, Santa Ana, and other cities in the LA metropolitan area.

When your car is in a collision, the vehicle can suddenly lurch forward or backward.  In a crash, regardless of whether you’re wearing a seat belt or a shoulder harness, your torso shifts with the vehicle, but your head and neck stretch and pull around abruptly. People who have suffered whiplash or other neck injuries as a result of a car collision should seek legal advice.

What Is Whiplash? 

Whiplash is a neck sprain or strain usually caused by being rear-ended in a vehicle, which causes the head to snap back and forth like a whip. The ligaments, tendons, and discs in the neck can be seriously damaged by a whiplash injury. It could take days, months, or even years for you to get back on your feet. However, many patients will heal in a matter of days or weeks, thanks to the fact that most forms of whiplash cure on their own.

Symptoms of Whiplash

Whiplash signs include neck pain, swelling, and reduced range of mobility, but there may be many more symptoms.  Some people can experience upper to middle back discomfort as a result of whiplash, particularly if they are in a lot of pain right after the accident.

Some indications and effects of whiplash tend to involve:

• Tension or migraine headaches
• Stiffness or tenderness in the neck 
• Suffering from elbow, upper back, or arm pain
• Feeling pins and needles in arms 
• Tiredness
• Feeling dizzy
• Vision is blurry
• Ringing eardrums 

When Whiplash Doesn’t Show Up Right Away 

Whiplash symptoms can sometimes be seen right away. They can, however, emerge or worsen one or two days after the incident. Symptoms may not appear until several days following an accident in many circumstances. Whiplash signs can be obscured at first by more severe pain. 

In this case, it may be difficult to obtain medical care that relates your injuries back to the earlier accident. This can make it more challenging to illustrate to a court that you were, in fact, severely injured and it simply took time to understand the full scope of the damage done. 

Get Compensation for Whiplash Injuries After a Traffic Accident Today 

It may be difficult to prove fault in a personal injury case involving whiplash or any kind of neck injury. Whiplash cases require a lot of effort and expertise, which can only be provided by an accomplished Los Angeles whiplash lawyer. Call for a consultation today at 888.603.0201.