Virgin Islands Jury Instruction - 2.1 Punitive Damages In General
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FAQ
There is no set formula for the calculation of punitive damages. The amount of punitive damages that are awarded will depend on the specific facts of the defendant's conduct. The court must ensure that defendants who deserve to be punished for their behavior do not receive punishment that is excessive.
Generally the courts have held that the acts of a defendant for which the plaintiff is awarded punitive or exemplary damages must be characterized by being wanton, wilful, reckless, or malicious.
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.
Punitive damages are awarded in less than 5 percent of civil jury verdicts, ing to a 1990 American Bar Foundation study of 25,000 jury verdicts in 11 states over a four-year period.
Understanding the appellate standard of review for punitive damages begins with understanding the circumstances upon which the law permits such damages. California trial juries are only permitted to award punitive damages if the plaintiff has established by clear and convincing evidence that the defendant engaged in ...
Your Accident Attorney must show, by clear and convincing evidence that the defendant either acted with malice OR oppression OR fraud. Civil Code §3294(c) provides the definitions for malice, oppression and fraud (in relation to Punitive Damages):
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 ...
The first factor?the reprehensibility of defendant's conduct?is subjective in nature. The other two?defendant's financial condition and the relationship to actual damages?are objective measurements.