Amend Complaint To Add Punitive Damages
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How to fill out Simple Motion To Amend Complaint And Notice Of Motion?
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FAQ
Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit.
Proving negligence by itself might result in compensatory damages, but remember, it won't be enough to secure punitive ones. This means you'll need to present evidence that the defendant either acted intentionally or with such a high degree of recklessness or gross negligence that punitive damages should be awarded.
If the first condition is satisfied that the amendment is necessary to decide the ?real controversy? between the parties, the amendment should be allowed. In other words, if there is no necessity to decide the ?real controversy? between the parties, the amendment should not be allowed.
Before awarding punitive damages, the court must take several factors into account. The following points are of particular importance: Assessing if the defendant's actions were malicious, intentional, or grossly negligent. Looking at similar cases to determine if punitive damages were awarded.
Order 6 Rule 17 CPC allows for the amendment of pleadings. This provision grants the court the power to allow parties to modify or alter their pleadings, including the plaint or written statement, at any stage of the proceedings.