Louisiana Jury Instruction - 2.1 Punitive Damages In General
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FAQ
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.
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 ...
Caps on punitive damages can be as high as four times the amount of compensatory damages. However, if the defendant's negligence was so harmful or if the harm suffered by the plaintiff is greater than the punitive damages they asked for, awards can be much greater than four times the compensatory damages.
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.
Courts have held, as a general rule, that punitive damages should not be awarded for breach of contract. 4.
As to § 1983 claims, ?[i]t is well-established that a 'jury may award punitive damages . . . either when a defendant's conduct was driven by evil motive or intent, or when it involved a reckless or callous indifference to the constitutional rights of others.
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 ...