Alabama 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.
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.
The right to a punitive damages award in California is strictly statutory. Civil Code section 3294 provides that a plaintiff can obtain punitive damages when it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice. (See also CACI 3940-3942.)
Punitive damages may not be awarded to compensate a plaintiff. The plaintiff has the burden of proving by [a preponderance of the evidence] [clear and convincing evidence] that punitive damages should be awarded and, if so, the amount of any such damages.
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.
Punitive damages may not be awarded to compensate a plaintiff. The plaintiff has the burden of proving by [a preponderance of the evidence] [clear and convincing evidence] that punitive damages should be awarded and, if so, the amount of any such damages.
You must ask the court for punitive damages, although you may not specify an amount. There is no set formula for determining the amount of punitive damages in California. Punitive damages serve to deter future misconduct and punish the defendant. ?Punitive damages? also goes by the name ?exemplary damages?.
Compensatory damages are divided into two distinct categories?economic and non-economic. They are designed to compensate you for different types of losses. Each category of compensatory damages is calculated differently based on what they compensate.
The cap for punitive damages in personal injury lawsuits is three times the amount of compensatory damages or $1,500,000 ? whichever is greater. For most cases not involving physical injury, punitive damages cannot exceed three times the compensatory damages or $500,000 ? whichever is greater.