Punitive Damages

In a personal injury lawsuit, there are three types of damages that can be claimed: punitive damages, aggravated damages, and compensatory damages. Punitive damages are damages given out of punishment for the actions committed, as a way of preventing that particular defendant from repeated incidents and showing that courts are intolerant of certain actions. In most cases, punitive damages are not involved; only compensatory damages will be awarded to the plaintiff. Punitive damages come into play when something outrageous has happened, making a tort deserving of punishment. Most often, courts rule for punitive damages in cases where there was wanton or willful misconduct, gross negligence, or an intentional tort. An example of wanton or willful misconduct would be renting out a car that didn't have any brakes, whereas an intentional tort would consist of things such as assault and battery where harm is completely intentional.

Fast Facts

  • punitive damages can be judged in cases of product liability if outrageous carelessness can be proved
  • punitive damages are also

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