Know the Basics of Punitive Damages

https://www.medlegal360.com/punitive-damages/

Punitive damages is a kind of monetary award to the victim in addition to the reparation given for the financial damages, emotional distress and pain and suffering. It is awarded to punish the defendant and to deter him from engaging in similar activities in the future. This punitive damages is mainly granted when the defendant’s action was intentional and created irreparable damages to the victim like death, loss of limbs, disfigurement and the defendant was intoxicated at the time of the accident, or the defendant caused a violent act or sexual abuse, tort claims, etc. Punitive damages is awarded very rarely as to only 5% of all civil lawsuits. It cannot be claimed or awarded separately, only given in addition to the compensatory damages. In breach of contract claims, mostly punitive damages won’t be awarded as both the parties engage in the contract knowing the deals. Many controversies have arisen regarding the punitive damages, depending on the huge money awarded in certain claims. Some argue that it should be given only in criminal lawsuits as it is a punishment for the defendant for his malicious act. There is no fixed punitive cap under federal law. It differs as it is governed by state law- some states have punitive caps while some others consider it as unconditional. In the world famous McDonald’s coffee litigation, the victim was awarded $2.7 million in punitive damages of her total $3 million reparation. The plaintiff and her lawyer were responsible to prove that the defendant was malicious or reckless and his wanton act ended up in the irreparable damages of the plaintiff. Punitive damages play a pivotal role in the judicial system in punishing the wrongdoers. #Puntivedamages # whatspuntivedamages