What Are Exemplary Damages?
Exemplary damages, also known as punitive damages, are awarded in personal injury cases to punish defendants for particularly egregious or reckless conduct. Unlike compensatory damages, which aim to restore the victim, exemplary damages serve as a deterrent for similar behavior in the future.
When Are Exemplary Damages Awarded?
- Intentional Misconduct: Harm caused deliberately, such as assault or fraud.
- Reckless Behavior: Actions demonstrating a disregard for others’ safety, such as drunk driving.
- Gross Negligence: Failing to address risks that lead to catastrophic harm.
Legal Considerations
- Proof of Malice or Recklessness: Plaintiffs must provide clear evidence of the defendant’s intent or extreme negligence.
- State Caps: Many jurisdictions place limits on punitive damage amounts.
- Proportionality: Courts ensure punitive damages are reasonable in relation to compensatory damages.
Exemplary damages emphasize accountability and promote safer practices, making them a powerful component of personal injury cases.
