4.14 Punitive Damages are a form of civil damages that are awarded in addition to actual damages. Punitive damages are designed to punish a defendant and deter similar conduct in the future. There are two main types of punitive damages: compensatory and exemplary. Compensatory punitive damages are intended to compensate the plaintiff for the injury caused by the defendant’s wrongful conduct, while exemplary punitive damages are intended as a punishment for the defendant’s wrongful conduct. Punitive damages are awarded in addition to actual damages, and the amount of punitive damages awarded is typically greater than the amount of actual damages.
4.14 Punitive Damages
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Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm
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FAQ
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.
Punitive damages are given on top of compensatory damages when the misconduct was deemed grossly negligent, intentional, or malicious. These are designed to deter the defendant from repeating harm or misconduct in the future.
These are (1) how reprehensible the defendant's conduct was, (2) the disparity between the harm experienced by the plaintiff and the punitive damages award, and (3) the difference between the punitive damages award and the civil penalties and remedies imposed in similar cases.
There are three types of damage that form the foundation of most civil lawsuits: compensatory, nominal, and punitive.
It must be proven by clear and convincing evidence that a defendant acted with oppression, fraud, or malice. Clear and convincing evidence means that there must be a very high degree of probability that something is true.
To support an award of punitive damages you must find that plaintiff has proved, by clear and convincing evidence, that the harm suffered by plaintiff was the result of defendant's conduct21 and that either (1) defendant's conduct was malicious or (2) defendant acted in wanton and willful disregard of
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.
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.
