5.72 Damages: Punitive are civil damages awarded by a court in order to punish a wrongdoer for particularly egregious behavior. Punitive damages are meant to deter a defendant and others from similar future wrongful conduct, and to compensate the plaintiff for losses that are difficult to quantify. Types of punitive damages include exemplary damages, treble damages, and aggravated damages.
5.72 DAMAGES: PUNITIVE
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http://www.juryinstructions.ca8.uscourts.gov/8th%20Circuit%20Manual%20of%20Model%20Civil%20Jury%20Instructions.pdf
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FAQ
A typical cap on punitive damages is four times the amount of compensatory damages. Criteria for punitive damages differs from state to state, with some more likely to award punitive damages than others.
To determine the amount of punitive damages to award, the Book of Approved Jury Instructions (BAJI) states that the jury should consider: (1) The reprehensibility of the conduct of the defendant. (2) The defendant's financial condition and (3) the relationship to actual damages.
To determine the amount of punitive damages to award, the Book of Approved Jury Instructions (BAJI) states that the jury should consider: (1) The reprehensibility of the conduct of the defendant. (2) The defendant's financial condition and (3) the relationship to actual damages.
The U.S. Constitution limits punitive damages awards in all state and federal courts: punitive damages are permissible only to the extent they are proportionate, reasonably related to the harm the plaintiff suffered, and in response to reprehensible conduct.
The median amount of punitive damages that are awarded is around $64,000.
Individuals can also be ordered to pay punitive damages that injure someone else due to negligent behavior. Examples of this would be drunk driving or distracted driving. In both cases, the defendant would have made a conscious decision to engage in behavior that could easily harm another person.
In a number of cases, the Court has indicated that a ratio between punitive and compensatory damages is high enough to lead to a finding of constitutional impropriety and that any ratio of or higher is almost certainly unconstitutional.
Individuals can also be ordered to pay punitive damages that injure someone else due to negligent behavior. Examples of this would be drunk driving or distracted driving. In both cases, the defendant would have made a conscious decision to engage in behavior that could easily harm another person.