South Carolina Jury Instruction - 2.1 Punitive Damages In General
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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 ...
General and special damages are compensatory damages, which serve to compensate the plaintiff for economic loss and pain and suffering, attempting to make them whole. Punitive damages are meant to punish the defendant for his or her negligence or recklessness.
South Carolina law says that punitive damages awards cannot exceed three times the amount of compensatory damages or $500,000, whichever is greater. This limitation cannot be disclosed to a jury.
Although they are difficult to quantify, the purpose of general damages is to compensate someone for a loss. Punitive (or ?exemplary?) damages are different in that their purpose is not to compensate but to punish someone for bad behavior.
General and special damages are compensatory damages, which serve to compensate the plaintiff for economic loss and pain and suffering, attempting to make them whole. Punitive damages are meant to punish the defendant for his or her negligence or recklessness.
Overview. Punitive damages are awarded in addition to actual damages in certain circumstances. Punitive damages are considered punishment and are typically awarded at the court's discretion when the defendant's behavior is found to be especially harmful.
We find that juries are significantly more likely to award punitive damages than are judges; juries award higher levels of punitive damages; and juries are largely responsible for extremely large punitive damages awards.
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.