Law Office of Arkady Itkin
Law Office of Arkady Itkin - San Francisco Injury / Wrongful Termination Lawyer   Contact Us at (415) 295-4730
  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Workplace Rights Checklist
    • Deposition Tips
    • Mediation Tips
    • Suing Current Employer
    • Severance Agreements
    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely

Sacramento Injury Laywer: Accidents and Punitive Damages

2/23/2009

0 Comments

 

Generally, under California law, punitive damages are only available if there is an evidence that the conduct of the party at fault was either intentional and malicious or in conscious disregard for the consequences. As such, punitive damages are not available in the vast majority of injury accidents which are caused by ordinary negligence of a driver or another party that should have exercised greater care in acting in a safe manner. 

This means that punitive damages may be available against a driver who causes an accident intentionally or is motivated by some kind of ill will when acting carelessly on the road. Recently, I represented a person who was injured by another driver who was deliberately chasing him after being "cut" on the road by my client, caught up with him and broadsided my client, causing him severe injuries and mild brain trauma.

The opposing counsel, defending the insurance company of the driver at fault, didn't seriously contest my argument that the defendant, in addition to paying for the typical accident damages (medical expenses, wage loss, pain and suffering, emotional distress, etc.) should be liable for punitive damages.

0 Comments



Leave a Reply.

    RSS Feed

    San Francisco Personal Injury Lawyer

    Contact us

    Contact us for a free, no-obligation consultation to discuss your injury claim at (415) 295-4730

    Categories

    All
    Accident
    Accident Injuries
    Arbitration
    Bicycle Accidents
    Burn Injuries
    Car Insurance Issues
    Cellphones And Driving
    Chiropractor
    Compression Fracture
    Depositions
    Disc Herniation
    Dog Bite Injuries
    Mediation Of Injury Case
    Medical Bills
    Medical Malpractice
    Medical Treatment Of Injuries
    Motorcycle Injury Accidents In California
    Negligent Entrustment
    Pain And Suffering
    Pedestrian Injuries In San Francisco
    Physical Therapy
    Rear End Accident
    Rear-end Accident
    Slip And Fall Injuries
    Spinal Injuries
    Surgeries
    Texting
    Trial Of Injury Case
    Uninsured Motorist
    Work Related Injuries

Personal Injury Law

San Francisco Personal Injury Lawyer Blog
Contact San Francisco Personal Injury Lawyer
Useful Legal Links

Employment Law

What Is Wrongful Termination?
Sample Request for Reasonable Accommodation
Sample Complaint about Workplace Discrimination 
FAQ About California Employment Law 

Law Office of Arkady Itkin

Contact Us
About
Our Practice Areas
Current Cases & Results 


Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. 


57 Post Street, Suite 812, San Francisco, CA 94104; Tel. (415) 295-4730; Fax. (415) 508-3474; arkady@arkadylaw.com
Photos used under Creative Commons from feserc, Elvert Barnes