8.72 Punitive damages are a form of legal damages awarded by a court in order to punish a defendant and deter similar conduct in the future. Punitive damages are usually only awarded in cases of intentional or reckless conduct, and are meant to serve as a deterrent to defendants who might otherwise be tempted to act with disregard for the safety and rights of others. Punitive damages can be awarded in addition to compensatory damages, which are meant to compensate the injured party for actual costs incurred. There are two types of 8.72 punitive damages: compensatory damages, which are meant to compensate for the actual costs incurred due to the defendant's actions; and exemplary damages, which are meant to punish the defendant and deter similar conduct in the future.
8.72 PUNITIVE DAMAGES
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Individuals can also be ordered to pay punitive damages that injure someone else due to negligent behavior. Examples of this would be drunk driving or distracted driving. In both cases, the defendant would have made a conscious decision to engage in behavior that could easily harm another person.
To determine the amount of punitive damages to award, the Book of Approved Jury Instructions (BAJI) states that the jury should consider: (1) The reprehensibility of the conduct of the defendant. (2) The defendant's financial condition and (3) the relationship to actual damages.
Individuals can also be ordered to pay punitive damages that injure someone else due to negligent behavior. Examples of this would be drunk driving or distracted driving. In both cases, the defendant would have made a conscious decision to engage in behavior that could easily harm another person.
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
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.
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.
There is no set formula for determining the amount of punitive damages in California, but factors such as the severity of the defendant's conduct, the harm you suffered, and the defendant's financial status are taken into account.
A typical cap on punitive damages is four times the amount of compensatory damages. Criteria for punitive damages differs from state to state, with some more likely to award punitive damages than others.