Missouri Jury Instruction — 2.1 Punitive Damages In General is an important legal instruction used in Missouri courtrooms to guide juries in determining whether punitive damages should be awarded in a civil case. Punitive damages are additional damages awarded to the plaintiff in certain situations for the purpose of punishing the defendant for their misconduct or ensuring deterrence. This instruction assists the jury in understanding the principles of punitive damages and their application in the case at hand. The purpose of punitive damages is not to compensate the plaintiff for their losses but to address the defendant's behavior and prevent similar actions in the future. Punitive damages are typically sought in cases where the defendant's actions were willful, malicious, fraudulent, or exhibited a wanton disregard for the plaintiff's rights and safety. The availability and amount of punitive damages vary from case to case based on the specific circumstances and the applicable law. The Missouri Jury Instruction — 2.1 Punitive Damages In General provides guidance on the factors that should be considered by the jury when determining whether to award punitive damages. These factors may include: 1. The nature and extent of the misconduct: The jury must assess the severity and reprehensibility of the defendant's actions. Blatant disregard for others' safety or intentional harm may warrant punitive damages. 2. The defendant's financial resources: The jury should consider the defendant's financial status to ensure that the punitive damages awarded have a meaningful impact. The aim is to prevent defendants from considering such damages as mere business expenses. 3. The potential deterrent effect: Punitive damages aim to deter the defendant and others from engaging in similar misconduct. The jury must evaluate whether punitive damages would serve this purpose effectively. It is important to note that this is a general instruction, and there may be specific variations or additional instructions in certain cases. For example, certain types of cases, such as product liability or medical malpractice, may have their own tailored instructions pertaining to punitive damages. In summary, Missouri Jury Instruction — 2.1 Punitive Damages In General provides a comprehensive framework to assist juries in determining whether punitive damages should be awarded in civil cases. It outlines the factors to consider, such as the severity of the misconduct, the defendant's financial status, and the potential deterrent effect. By following this instruction, juries can ensure a fair and just outcome in cases where punitive damages are being considered.
Missouri Jury Instruction - 2.1 Punitive Damages In General
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Punitive damages may only be recovered if the trier of fact awards more than nominal damages or if the claim or claims for which nominal damages are solely awarded invoke privacy rights, property rights, or rights protected by the Constitution of the United States or the Constitution of the state of Missouri.
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 ...
15 That figure edges up to 60% if the three states that prohibit punitive damages, (Michigan, Nebraska, and Washington) are discounted from the equation.
Punitive damages are awarded in less than 5 percent of civil jury verdicts, ing to a 1990 American Bar Foundation study of 25,000 jury verdicts in 11 states over a four-year period.
The right to a punitive damages award in California is strictly statutory. Civil Code section 3294 provides that a plaintiff can obtain punitive damages when it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice.
Missouri Statute 510.265 limits the amount that victims can receive in punitive damages to the lesser of: 5 times the compensatory damages awarded, or. $500,000.
Generally, punitive damage awards require a compensatory damage award. There are two types of punitive damages: direct and vicarious. Direct punitive damages are assessed for an insured's wrongful acts. Vicarious punitive damages are imposed against an insured if it is liable for acts of another.
The three categories of compensatory damages are medical expenses, lost earnings and earning capacity, and pain and suffering.