Georgia Jury Instruction - 2.1 Punitive Damages In General
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FAQ
Although state laws vary, punitive damages are usually allowed only when the defendant has displayed actual intent to cause harm (such as purposefully rear-ending someone else's car), rather than in cases of mere negligence, or causes an injury through action taken in reckless disregard for the lives and safety of ...
When a Georgia judge awards punitive damages, 75 percent of the award typically goes to the state treasury. Therefore, plaintiffs receive a comparatively small percentage of the total amount awarded.
Georgia law caps most punitive awards at $250,000; however, there are three important exceptions to this limit. First, product liability claims are not limited by the statutory cap. However, it's important to note that in these cases, only 25% of the punitive damages, plus attorneys fees and costs, go to the plaintiff.
418, the California Supreme Court articulated 'three guideposts' for courts reviewing punitive damages: ?(1) the degree of reprehensibility of the defendant's misconduct; (2) the disparity between the actual or potential harm suffered by the plaintiff and the punitive damages award; and (3) the difference between the ...
Courts have held, as a general rule, that punitive damages should not be awarded for breach of contract. 4.
Currently, punitive damages are generally uninsurable in five states (California, Colorado, New York, Rhode Island, and Utah) under the idea that allowing for the insurability of punitive damages undermines the punishing effect that such awards are meant to have. Twenty-six states generally permit insurability.
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.
Punitive damages are awarded when the defendant's conduct is determined to have been so "willful, malicious, or fraudulent" that it exceeds the legal criteria for mere or gross negligence. Punitive damages typically involve awards over and above the compensatory damage award.