Arizona Jury Instruction - 2.1 Punitive Damages In General
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FAQ
The burden of proof in regards to punitive damages is ?clear and convincing evidence.? This is a heightened standard of proof than the normal standard of ?preponderance of evidence.? Therefore, it takes more to be awarded punitive damages.
The Pain and Suffering Multiplier They will tally up the value of your economic damages (medical bills, lost wages, etc.), and then multiply it by a number to calculate pain and suffering. Usually the number is between 1.5 and 5 depending on the severity of your injuries and the factors we discussed above.
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.
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.
You may award punitive damages only if you find that the defendant's conduct that harmed the plaintiff was malicious, oppressive or in reckless disregard of the plaintiff's rights. Conduct is malicious if it is accompanied by ill will, or spite, or if it is for the purpose of injuring the plaintiff.
The standard of proof to recover punitive damages is ?clear and convincing? evidence of the defendant's ?evil hand and mind.? This means the plaintiff must present strong evidence that is highly and substantially more probable to be true than not true.
One type of damages, known as ?punitive damages? or ?exemplary damages,? requires the responsible party to compensate the victim as punishment for their actions rather than to pay for costs the victim has had to bear. Arizona law makes it very difficult to sue for punitive damages in most cases.
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.