Idaho Jury Instruction - 2.1 Punitive Damages In General
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FAQ
This means that the jury will assign an appropriate amount of punitive damages, based on the defendant's financial situation, to deter the defendant and others from engaging in the same practices again. Judges may reduce punitive damage awards when it looks like juries have not followed instructions.
Punitive damages may not be awarded to compensate a plaintiff. The plaintiff has the burden of proving by [a preponderance of the evidence] [clear and convincing evidence] that punitive damages should be awarded and, if so, the amount of any such damages.
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.
There is no set formula for the calculation of punitive damages. The amount of punitive damages that are awarded will depend on the specific facts of the defendant's conduct. The court must ensure that defendants who deserve to be punished for their behavior do not receive punishment that is excessive.
In Idaho, the cap on punitive damages limits a plaintiff's recovery to no more than $250,000 or three times the amount of compensatory damages ? whichever is greater. It is up to a judge how much to award a plaintiff, if any, in punitive damages against a defendant.
Punitive damages are also called exemplary damages. They are awarded both to deter the defendant and others from conduct similar to the conduct that gave rise to the lawsuit, and to punish the defendant.
(1) The reprehensibility of the conduct of the defendant. (2) The amount of punitive damages which will have a deterrent effect on the defendant in the light of defendant's financial condition.
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 ...