In California, damages for intentional torts aim to compensate the victim for the harm caused by the intentional wrongful act. The types of damages available for intentional torts are similar to those available for negligence, but the focus is on the intentional nature of the wrongdoing. Here are the types of damages that may be available for intentional torts in California:
- Compensatory Damages: These are damages intended to compensate the victim for the actual harm suffered as a result of the intentional tort. Compensatory damages may include:
- Economic Damages: These include medical expenses, lost wages, property damage, and any other quantifiable financial losses incurred by the victim.
- Non-Economic Damages: These include compensation for pain and suffering, emotional distress, loss of enjoyment of life, and other intangible harms suffered by the victim.
- Punitive Damages: In cases of intentional torts, punitive damages may be available in addition to compensatory damages. Punitive damages are meant to punish the wrongdoer for their intentional misconduct and deter others from engaging in similar behavior. To award punitive damages, the plaintiff must show that the defendant’s conduct was especially malicious, oppressive, or fraudulent.
- Nominal Damages: In some cases where the victim has suffered harm but cannot prove substantial damages, nominal damages may be awarded. Nominal damages are symbolic in nature and are typically a small amount, such as one dollar, intended to recognize the violation of the victim’s rights.
It’s important to note that the availability and calculation of damages in intentional tort cases can vary depending on the specific circumstances of each case, as well as any statutory limitations or legal principles that may apply. Plaintiffs seeking damages for intentional torts in California should consult with an experienced attorney who can assess their case and help pursue the appropriate compensation.