Utah Punitive damages are a form of damages awarded to an injured party in a civil lawsuit. Punitive damages are awarded in addition to other forms of damages, such as compensatory damages, and are intended to punish the defendant for gross negligence or intentional wrong-doing. In the state of Utah, punitive damages are available in cases where the defendant's conduct is particularly egregious, and are meant to serve as a deterrent to similar behavior. There are two types of punitive damages available in Utah: “exemplary” and “aggravated” punitive damages. Exemplary damages are designed to punish the defendant for conduct that is particularly outrageous, while aggravated punitive damages are used to punish the defendant for conduct that is especially malicious or oppressive.
Utah Punitive damages. Introduction
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V. Campbell, 538 U.S. 408 (2003) A punitive damages award should have a single-digit ratio to the compensatory damages award. In other words, a ratio of is the maximum acceptable.
(1) (a) Except as otherwise provided by statute, punitive damages may be awarded only if compensatory or general damages are awarded and it is established by clear and convincing evidence that the acts or omissions of the tortfeasor are the result of willful and malicious or intentionally fraudulent conduct, or conduct
The state shall have all rights due a judgment creditor to collect the full amounts of both punitive damage judgments until the judgments are fully satisfied. Neither party is required to pursue collection.
Punitive damages were first recognized in England in 1763 and were recognized by the American colonies almost immediately. By 1850, punitive damages had become a well-established part of civil law.
Punitive damages are legal recompense that a defendant found guilty of committing a wrong or offense is ordered to pay on top of compensatory damages. They are awarded by a court of law not to compensate injured plaintiffs but to punish defendants whose conduct is considered grossly negligent or intentional.
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.
The Objective Behind Punitive Damages Punitive damages have less to do with the plaintiff's injury or loss and more to do with the defendant's negligence or recklessness that led to their liability. Punitive damages are intended to set an example and punish gross and harmful negligence.
Wade, the Supreme Court held that a § 1983 plaintiff may recover punitive damages against an official in her personal capacity if the official acted with malicious or evil intent or in callous disregard of the plaintiff's federally protected rights.