Punitive Damages

Punitive damages or exemplary damages are damages intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. Although the purpose of punitive damages is not to compensate the plaintiff, the plaintiff will receive all or some portion of the punitive damage award.Punitive damages are often awarded where compensatory damages are deemed an inadequate remedy. The court may impose them to prevent under-compensation of plaintiffs, to allow redress for undetectable torts and taking some strain away from the criminal justice system.
Posts about Punitive Damages
  • Paradise Lost – Firing an Employee on Vacation

    … as a term in each and every employment contract. If an employer breaches this duty, a court may award an employee who brings an action for wrongful dismissal additional damages, known as aggravated or punitive damages, above and beyond any requirement to pay severance. Terminating an employee while he is on vacation, a time that is intended…

    Wendy Woloshyn/ kentemploymentlaw.com- 17 readers -
  • Texas Couple Files Birth Injury Lawsuit against Oklahoma Hospital

    …Lawsuit filed against Mercy Hospital in Ardmore, Oklahoma following severe birth injury. After their child was diagnosed with a neurological birth injury resulting in permanent brain damage, a Texas couple has filed a lawsuit seeking monetary damages from the hospital. “Medical Lawsuit” (CC BY-SA 2.0) by Weiss Paarz While the birth of a child…

    Jeff Rasansky/ Rasansky Law Firm- 15 readers -
  • Do I Have to Pay Taxes on My Car Accident Settlement

    … your settlement breaks down so you provide the IRS with an accurate amount and do not pay more taxes than necessary. What About Punitive Damages? You may have obtained punitive damages in addition to compensation for your medical expenses, lost wages, and pain and suffering. These damages are not meant to reimburse your or compensate you for any harm…

    Jared Staver/ Chicago Personal Injury Lawyer- 17 readers -
  • Basics of Medical Malpractice Claims in Philadelphia

    …. Punitive damages are capped at twice the amount of the economic damages you suffered. There are also laws that address when damages must be paid periodically, the requirements for the testimony of experts, contributory negligence, and many other legal issues that may be present in a medical malpractice case. If you have been injured as a result…

    Gabriel Levin/ levininjuryfirm.com- 11 readers -
  • Should I Settle my Burn Injury Claim?

    … Damages If the defendant acted intentionally or very negligently the burn victim may also be able to receive punitive damages. Punitive damages are meant to punish a defendant that acted in a reprehensible manner, therefore a wealthy defendant will have to pay higher amounts in order to “feel the sting.” A defendant that intentionally burned…

    Gabriel Levin/ levininjuryfirm.com- 15 readers -
  • Takeaways from the DePuy Pinnacle Verdict in Texas

    … By Greg Webb, March 22, 2016 Late last week, after a two-month trial, there was a verdict in the Texas-based lawsuit against DePuy, a division of Johnson & Johnson. The federal jury awarded, “$142 million in actual damages and $360 million in punitive damages to a group of five patients whose hips broke down and had to be surgically…

    Greg Webb/ MichieHamlett- 32 readers -
  • File a Lawsuit for Sexual Assault, Sex Abuse, or Rape

    … And more… Due to the egregious nature of sex crimes, juries in Dallas and across Texas are generally sympathetic toward the victims. Large settlements are often reached out of court or in the early stages of a trial, and in some cases, punitive damages may be levied (which could raise the potential monetary award significantly). Speak…

    Jeff Rasansky/ Rasansky Law Firm- 33 readers -
  • What kinds of accidents often cause burn injuries?

    … A burn is understood to be a type of injury that arises when damage or death is sustained to the cells of the body or skin. 1 Burn injuries are typically categorized based on the severity and depth of injury as a first, second, or third-degree burn. 2 The classification from first to third degree is based on the range of damage evidenced…

    Bruning Legal- 28 readers -
  • Holiday Dismissals: What are the Risks for Employers?

    … for bad faith and/or punitive damages award against the employer, over and above any wrongful dismissal damages. 3. If a dismissed employee’s compensation package includes a non-discretionary year-end bonus, this could also influence the court’s damages calculation where the employee was fired during the holidays and before the bonus payout. Have…

    Wendy Woloshyn/ kentemploymentlaw.com- 34 readers -
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