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The allowance of punitive damages in such cases may well be appropriate because of another reason, namely, to deter similar future conduct, the "incalculable cost" of which is well documented. The word punitive means serving to punish, so the opposite could be forgiving, or corrective.In civil suits, the opposite of punitive damages are "actual" damages or compensatory damages. Examples include: Medical treatments; Physical therapy In cases of personal property damage, the amount to be compensated is generally determined by the market value of the item at the time of loss, which can mean a depreciated value. This might occur in such cases as discrimination or sexual harassment. The Arizona Supreme Court has established that punitive damages are only appropriate for cases where the defendant acted with an “evil hand and evil mind.” This can happen in two different ways. Let’s look at a few examples that may further explain the basic concepts: Example 1. The decision to award punitive damages: What are punitive damages and how are they awarded. 68 This approach was subject to two (overlapping) exceptions. Case 1: Playground Games Gone Wrong In some situations, the amount of punitive damages may be greater than the amount of compensatory damages. Punitive damages are monies designed to punish someone for wrong doing and, by extension, discourage wrongdoing from other parties in the future. Compensatory versus Punitive Damages compensatory damages are awarded. Smith, Hogg & Co v Black Sea Insurance (1940) A shipowner was held liable to a charterer in damages for loss of a cargo. Punitive damages, which are rarely awarded in medical negligence cases, are intended to make an example of the defendant physician or to punish his or her egregious behavior. For example, Illinois courts have allowed a plaintiff to seek punitive damages in instances where the defendant was driving under the influence of alcohol at the time of a car accident. According to research conducted by the U.S. Department of Justice, roughly 2% of tort cases involve punitive damages, and the average amount awarded is $50,000. This is due in part to the fact that the defendants in these cases often committed egregious acts. Driver A blows through a red light and sideswipes a minivan driven by a mom and her two kids. (E.g., Coulter, supra, p. Courts decide to use punitive damages only in cases where, in the court's opinion, the defendant's actions were so reprehensible as to warrant punishment in the form of monetary loss. AN ANALYSIS OF THE RECENT CASE OF WHATMAN INTERNATIONAL LTD. v. P. MEHTA In a very notable development in the trademark regime, a whooping Rs.1.85 crores have been granted as punitive damages to a UK based firm Whatman International Ltd, for infringement of its trademark, its trade dress and get up (providing similar packaging), apart from counterfeit production of similar goods. The defendant’s behavior must be especially outrageous or reprehensible in order for these kinds of damages to be warranted. So, to put it bluntly, you’ll need a rock solid case. In the Supreme Court case State Farm Mutual Automobile Ins. Costa ivone. You have heard the term punitive damages before involving high-profile court cases. It's worth noting that the amount of compensatory damages a plaintiff can seek depends on the kind of case the plaintiff brings. Although the purpose of punitive damages is not to compensate the plaintiff, the plaintiff will receive all or some of the punitive damages award. Punitive damages in personal injury cases might also be awarded in drunk-driving cases or in other cases where the defendant was high at the time of the crime. This is usually termed 'pain, suffering, and loss of amenity.' The defendant is usually a company or other large entity. While such damages are common in these types of cases, the damages will rarely be in the millions of dollars. Punitive Damages: A Classic Case. As an example of this kind of behavior, consider the following cases. Section 3294 expressly provides that punitive damages may be recovered "for the sake of example." Awarding Punitive Damages. Examples of The court assesses and awards these damages separately from any compensatory damages. unseaworthiness of the ship. When Are Punitive Damages Applicable? Let’s take a look at three famous cases involving punitive damages so that you can better understand the ideas discussed above. Other punitive damages cases can involve anything from medical malpractice to product liability. 3 Examples of Punitive Damages. Co. v. Campbell, 123 S. Ct. 1513 (2003), the United States Supreme Court held that the punitive damages awarded were excessive and therefore in violation of the Due Process Clause. To show the difference, take a look at two famous textbook cases about damages, one in personal injury, and one in contracts. The van is totaled and injuries are sustained. In such cases, the evidence must demonstrate that the defendant either intended to do harm to the plaintiff or was negligent while under the influence of drugs or alcohol. For example, in cases where facts are virtually identical, one jury may award only compensatory damages (to which the insurance applies) while another jury (based on the same facts) may also award punitive damages, which public policy disallows as insurable. Thus, for example, if a case involved a claim for punitive damages by two claimants against a single defendant, two entries were added. The law places a cap of $200,000 or twice the amount of your total economic damages plus an amount equivalent to your noneconomic damages, up to $750,000 maximum. In medical malpractice lawsuits, special compensatory damages are the most common type of damage awards. Payment of punitive damages is considered a way to deter a defendant or others in similar situations from committing the same terrible actions in the future. To be awarded punitive damages in court, the behavior of the defendant has to be particularly negligent and worthy of extra punishment. Cases involving punitive damages tend to make the news. Examples would medical malpractice cases or product liability cases. 67 Similarly, if a case entailed a claim for punitive damages by a single claimant against two defendants, two entries, again, were added. Punitive damages will only be awarded in a breach of contract case (such as a wrongful dismissal) if there is an independent actionable wrong. Punitive damages are awarded on top of compensatory damages. Punitive damages definition, examples, cases, processes. What are some case examples where punitive damages were awarded? In Black's Law dictionary 'punitive/ exemplary damages' is defined as 'Damages awarded in addition to actual damages when the defendant acted with recklessness, malice, or deceit; specif., damages assessed by way of penalizing the wrongdoer or making an example to others.' What are punitive damages | when are you entitled? In this case, the Court applied three guideposts that had been established in prior case law: Other Examples of Punitive Damages In a New Jersey case against Johnson & Johnson, Talcum Baby Powder users were awarded $37.2 million in compensatory damages for cancer-related issues due to asbestos exposure. Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. V. Troy: punitive damages are awarded on top of compensatory damages a very limited number of injury... 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