Are punitive damages available in a school bus accident case?

In California, punitive damages may be available in a school bus accident case. Punitive damages are additional damages that are awarded to punish a wrongdoer for outrageous and malicious behavior. The purpose of awarding punitive damages is to deter bad actors from repeating similar conduct in the future. In order to receive punitive damages in a school bus accident case, the plaintiff must prove that the defendant acted with malice, oppression, or fraud. Malice is defined as a wrongful act done intentionally, without justification or excuse. Oppression is defined as subjecting a person to cruel and unjust hardship. Fraud is defined as an intentional deception resulting in injury or harm to another. If the trier of fact (the judge or jury) finds that the defendant acted maliciously, oppressively, or fraudulently, they may award the plaintiff with punitive damages. The amount of the punitive damages awarded to the plaintiff will vary depending on the severity of the defendant’s conduct. In California, the amount of punitive damages cannot exceed the amount of the plaintiff’s actual damages. It should be noted that punitive damages are not awarded in all school bus accident cases. In order to be eligible for punitive damages, the plaintiff must be able to prove that the defendant acted with malice, oppression, or fraud. If punitive damages are unavailable or deemed inappropriate in a case, other forms of compensation may still be available.

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Are punitive damages available in a school bus accident case?

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