Law Offices of Michel J. Rouhani

Typically, those who prevail in a civil action for personal injuries are entitled to compensation. Consequently, a jury determines the exact amount of damages awarded for personal injury on a case-by-case basis. In addition, a court may inspect the award and increase or decrease the final amount without a new trial or an appeal if the award is excessive or inadequate. Thus, an award for personal injury may include compensatory and punitive damages.

Compensatory damages intend to place the victim in the same position as if the injury had never occurred. Also, compensatory damages aim to restore the victim’s financial, physical, and psychological well-being by assigning a monetary value to the victim’s injuries. On the other hand, Punitive damages are not intended to compensate the victim but rather to penalize the defendant for inducing the victim’s injuries and deter others from engaging in similar conduct. Generally, punitive damages are vested when the defendant’s conduct is particularly egregious or outrageous. Thus, punitive damages are not granted in every case involving personal injury and cannot be considered unless compensatory damages have been awarded. Therefore, to prevent excessive punitive damage awards, courts limit punitive damages to less than ten times the amount of compensatory damages.

The Law Offices of Michel J. Rouhani has been serving the San Jose area and all of California in the areas of personal injury, insurance claims and litigation, state and federal court litigation, consumer law, and more for over 29 years. In essence, when hiring an injury lawyer, it is imperative to choose the one with outstanding experience and track record.

Attorney Michel J. Rouhani has extensive experience in State and Federal Courts with Litigation, Trial, Arbitration, and Mediation. If you or a loved one has been harmed, consult with The Law Offices of Michel J. Rouhani now.