Oregon Jury Instruction - 2.1 Punitive Damages In General
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FAQ
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.
Punitive damages are not recoverable in a civil action unless it is proven by clear and convincing evidence that the party against whom punitive damages are sought has acted with malice or has shown a reckless and outrageous indifference to a highly unreasonable risk of harm and has acted with a conscious indifference ...
Oregon does allow personal injury victims to be awarded punitive damages in civil lawsuits. However, punitive damages are not as common as one might think. Most personal injury claims do not result in the plaintiff recovering punitive damages. Proving the elements required to recover punitive damages can be difficult.
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.
Punitive damages and their purpose 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.
Punitive damages require a separate actionable wrong (i.e. a breach of the duty of good faith) whereas aggravated damages may only require evidence of injury resulting from a breach of the contract (i.e. mental distress caused by breach of a "peace of mind" contract).
In considering the amount of any punitive damages, consider the degree of reprehensibility of the defendant's conduct [, including whether the conduct that harmed the plaintiff was particularly reprehensible because it also caused actual harm or posed a substantial risk of harm to people who are not parties to this ...
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.