Punitive damages or exemplary damages are damages established to punish the defendant for scandalous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the action. [1] Although the purpose of punitive damages is not to compensate the plaintiff, the plaintiff receives all or part of the punitive damages. Individuals may also be ordered to pay punitive damages that injure another person due to negligent conduct. Examples include drunk driving or distracted driving. In both cases, the defendant would have deliberately chosen conduct that could easily harm another person. It may even involve violations of anti-discrimination laws in New York. Punitive damages alone cannot be awarded. They must be awarded in conjunction with other types of damages. In addition, all other claims for damages must be awarded first, with punitive damages coming last.
These include damages, symbolic damages or restitution damages. In addition, the Court concluded that, unless only token damages are awarded, punitive damages should not exceed nine times the damages, so there is a ratio of punitive damages to damages of 9:1 or less. Despite public perception, punitive damages are not a common outcome of civil lawsuits in the United States. If you are considering bringing a personal injury action, talk to an experienced personal injury lawyer to see if you should seek punitive damages. While punitive lawsuits regularly seem to make headlines, plaintiffs aren`t as likely to seek punitive damages, according to the latest report from the U.S. Department of Justice. And in cases where they are sued, punitive damages have only been awarded in 30% of cases where plaintiffs have been successful against the defendant. The largest modern punitive damages in California were $75,000, a record that stood until 1955. Punitive damages remained until Harmsen v. Smith — a securities fraud class action lawsuit — in which a federal jury in San Diego awarded $14,750,000 in punitive damages — the largest compensation to date. More recently, in Couch v.
Attorney-General, the Supreme Court of New Zealand has excluded exemplary damages for cases of negligence, unless the defendant acts intentionally or with subjective recklessness. [16] One of the most famous punitive damages cases in the United States occurred in 1992. Stella Liebeck of New Mexico was seriously injured by second- and third-degree burns when a cup of coffee she had purchased at a McDonald`s Corp. (MCD) drive-thru was spilled on her lap after her grandson stopped the car she was sitting in. so she can add sugar and cream. In Australia, there is no punitive compensation for violations,[6] but is available for tort. When a court orders damages to a plaintiff, there are two different types of arbitral awards that can be awarded: Punitive damages are intended to punish the defendant for inappropriate behavior. Therefore, it is important that the amount awarded is proportional to their assets – therefore, wealthier defendants should have to pay more to learn their lesson and refrain from similar behavior in the future.
As in Neal v. Landwirte, “the deterrent function is not fulfilled if the defendant`s assets allow it to absorb the price with little or no discomfort.” Before submitting, it is important to consult a lawyer who can review the circumstances, evidence, and other important information. If you`ve suffered personal injury, wrongful death, or other types of damages, O`Dwyer & Bernstien`s compassionate lawyers will help you get the justice and closure you deserve. “No criminal sanctions or civil damages are necessary. Constand claimed the allegation was patently false, demanding $150,000 in damages from the tabloid and the lawyer. For example, if you had an accident while driving 10 miles over the limit on the highway, you could be found negligent for driving too fast. But if you hit a child while driving 10 miles over the limit in a school zone when students were dropped out of school, you may have acted with reckless disregard for the consequences of your actions, paving the way for an eventual award of punitive damages.