9.72 DAMAGES: PUNITIVE are damages awarded to a plaintiff beyond what is necessary to compensate for the actual harm suffered. Punitive damages are typically awarded when the defendant's conduct is deemed to be so egregious or outrageous that it warrants punishing the defendant, rather than simply compensating the plaintiff for damages. There are two types of punitive damages: Compensatory punitive damages and Exemplary punitive damages. Compensatory punitive damages are awarded to punish the defendant for their conduct and to deter others from engaging in similar behavior. Exemplary punitive damages are awarded to punish the defendant and to set an example for others in similar positions.
9.72 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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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.
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. Punitive damages are normally not awarded in the context of a breach of contract claim. See e.g. O'Gilvie Minors v.
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.
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.
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.
There are two types of damages that may be awarded: compensatory and punitive damages. Compensatory damages are intended to compensate for actual losses, while punitive damages aim to punish the defendant. It's important to work with an experienced attorney to navigate the legal system and ensure a fair outcome.
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.