Legal Question in Personal Injury in California
Attorneys Fees & Punitive Damages recoverable in Tort
Are attorneys fees & punitive damages recoverable in California for a claim for Negligent Infliction of Emotional Distress, Intentional Infliction of Emotional Distress, and Defamation?
3 Answers from Attorneys
Re: Attorneys Fees & Punitive Damages recoverable in Tort
Intentional acts can result in punitive damages but not negligent acts. Attorneys fees are not typically recoverable in PI cases but costs can be. I'd be interested to hear the facts in your case.
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Re: Attorneys Fees & Punitive Damages recoverable in Tort
Punitive damages, possibly. Attorney fees, improbable except in certain cases involving discrimination or violation of civil rights.
Defamation, you'll probably have to pay your attorney serious money up front.
Watch out for legal time limits.
Re: Attorneys Fees & Punitive Damages recoverable in Tort
Attorney fees are not recoverable in tort actions. Punitive damages in tort actions as a practical matter are seldom recoverable, requiring substantial proof of 'wanton and willful, evil intent' type issues; and then are limited to a small multiple of your actual damages. If your case is valuable on the basics, then pursue it on that legitimate value, don't count on punitive damages. Feel free to contact me if serious about discussing the merit and value of your case.