Maine Jury Instruction - 2.1 Punitive Damages In General
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Emotional distress usually falls under compensatory damages, not punitive damages. This type of mental anguish can involve fear, anxiety, the loss of enjoyment of life and the loss of sleep. Although it's difficult to put a dollar figure on this type of distress, courts often award compensatory damages to cover it.
Exemplary damages, better known as punitive damages, refer to extra damages awarded beyond that actually incurred by the plaintiff.
Currently, eleven states cap non-economic damages in general tort or personal injury cases: Alaska, Colorado, Hawaii, Idaho, Kansas, Maryland, Mississippi, Ohio, Oklahoma, Oregon, and Tennessee. Caps on products liability or medical malpractice claim damages are more widely embraced.
Although there is no maximum sum, punitive damages typically do not exceed four times the amount of compensatory damages. For example, if a plaintiff recovers $100,000 in compensatory damages and is awarded punitive damages, they most likely will receive up to $400,000 in punitive damages. There are exceptions, though.
The first factor?the reprehensibility of defendant's conduct?is subjective in nature. The other two?defendant's financial condition and the relationship to actual damages?are objective measurements.
In tort law, actual damages, also known as compensatory damages, are damages awarded by a court equivalent to the loss a party suffered. If a party's right was technically violated but they suffered no harm or losses, a court may instead grant nominal damages.
It also raises the cap on punitive damages from $250,000 to $500,000, and it increased the time frame for families to sue from two to three years. Maine's Wrongful Death Act allows people to file a civil complaint against another person or entity for any deaths that occur because of another person's error.