Question

In: Psychology

2. Explain fully the concept of punitive damages. What factors do courts consider in determining whether...

2. Explain fully the concept of punitive damages. What factors do courts consider in determining whether an award of punitive damages is appropriate?

Solutions

Expert Solution

The legal term punitive damages refers to a monetary award ordered by the court to be paid by a defendant to the plaintiff in a civil lawsuit. Punitive damages are awarded only for the purpose of punishing the defendant for his/her conduct and is different from compensatory damages. Punitive damages are awarded only if the defendant is wished to be made an example of, or if it believed that compensatory damages are not enough to punish the defendant. Some factors that are considered while determining the award of punitive damages are:

  • How egregious or reprehensible the defendant’s actions were
  • Whether similar cases ended with punitive damages being awarded
  • The gap between the plaintiff’s injuries or losses and the amount of punitive damages being requested
  • The extent of the plaintiff’s injuries, such as those difficult to put a value on, detect, or which are likely to need continued care in the future

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