5.12 Willfulness is a legal term that describes an intentional choice to act in a certain way or to do something that is against the law. It is often used in criminal cases and is a necessary element for certain crimes. The two types of 5.12 Willfulness are general willfulness and specific willfulness. General willfulness is when a person consciously and intentionally chooses to act in a way that is prohibited by law. Specific willfulness is when a person is aware of the consequences of their actions and still decides to act in a way that is prohibited by law.
5.12 Willfulness
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Multi-State
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US-JURY-7THCIR-5-12
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Word
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Description
Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm
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FAQ
Punitive damages are awarded when the defendant's conduct is determined to have been so "willful, malicious, or fraudulent" that it exceeds the legal criteria for mere or gross negligence. Punitive damages typically involve awards over and above the compensatory damage award.
In a case of ordinary negligence, the government entity would assume liability. In a case of gross negligence, however, liability falls on the worker him or herself. The second reason it matters is for compensatory purposes.
New Jersey law allows you to receive punitive damages of up to five times your compensatory damages or $350,000, whichever is greater. However, you should know that these damages being mandated in a New Jersey lawsuit is an extraordinary measure that is rarely taken.
N.J.S.A. 2A:15-5.13 (e). (e) There is a cap on punitive damages ? five times the amount of compensatory damages or $350,000, whichever is greater.
Punitive damages, sometimes called exemplary damages, are additional damages that can be taken from the defendant to punish them for grievous negligence and to prevent them ? and others ? from making the same mistake again. A common example of punitive damages is drunk driving cases.
Ing to the New Jersey Punitive Damages Act, N.J.S.A. 2A:15-5.9, the amount of punitive damages that can be sought is limited to either five times the amount of compensatory damages awarded in the case or $350,000, whichever is greater.
Punitive damages, also known as exemplary damages, can be awarded to a plaintiff in New Jersey in addition to compensatory damages (i.e., to cover medical bills, lost wages, pain and suffering, disability, impairment, and/or loss of enjoyment of life), when the conduct of the individual who caused the victim harm is