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Punitive Damages in Tort Law In the case of tort liability, courts may choose to apply punitive damages. However, they will typically only do so if the plaintiff can prove that the defendant engaged in an intentional tort and/or engaged in wanton and willful misconduct.
(b) When a complaint is filed in an action to recover damages for personal injury or wrongful death, the defendant may at any time request a statement setting forth the nature and amount of damages being sought.
Any defendant in California that has been served with a complaint or cross-complaint that contains causes of action for personal injury or wrongful death should serve a request for statement of damages.
Tells the other side the maximum amount of damages you are seeking in a personal injury or wrongful death case.