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?


Asked on 9/19/08, 6:13 pm

3 Answers from Attorneys

Barry Simon Law Office of Barry J. Simon

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.

If you have additional questions, please contact me at [email protected]

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Answered on 9/19/08, 8:29 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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.

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Answered on 9/19/08, 8:33 pm
Terry A. Nelson Nelson & Lawless

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.

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Answered on 9/19/08, 9:12 pm


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