The Goal of Punitive Damages

Punitive damages, also known as exemplary damages, are damages that are awarded to the plaintiff in order to deter the defendant (or others) from acting the same way in the future. These damages are not intended to compensate the plaintiff for their injuries.

Often punitive damages are awarded in cases where the judge and/or jury do not feel that the compensatory damages awarded (damages to make the plaintiff economically whole again) are sufficient. Punitive damages can be quite significant in some cases, exceeding hundreds of millions of dollars and even billions of dollars. Though these levels of punitive damages are extremely rare, lower levels are awarded in cases where the defendant's behavior is considered egregious.

Punitive damages are generally never awarded in contract disputes and are more common in personal injury cases. It is important to know that you cannot ask specifically for punitive damages in most jurisdictions. An attorney will add a general statement in the complaint asking for any and all damages determined appropriate by the court.

Not every jurisdiction recognizes punitive damages, which means if the defendant is located in a jurisdiction that does not recognize punitive damages it can be difficult to collect on them (for example if you are suing a European company). Your attorney can advise you on whether or not the defendant is located in a jurisdiction that recognizes these types of damages.

Another thing to consider is that large punitive damages are often appealed and awards can take a very long time to collect, if ever. This is another topic of discussion you should broach with your attorney.

Auto accidents occur everyday. If you have been injured in a motor vehicle accident, you may want to consult a motorcycle accident attorney, truck accident attorney, or car accident attorney for legal guidance.