Punitive damages are damages that a defendant is made to pay as a result of bad behavior. Punitive damages are not compensatory damages but are a form of punishment for the defendant. The punitive damages are not like other kinds of compensation given in civil suits that cover the plaintiff; instead they are designed to punish the defendant for bad conduct.
In most cases, punitive damages are not awarded as part of a civil case and are strictly regulated in many states. Punitive damages also have limitations on when they are allowed and just how much the damage awards will be. In most cases, the cap on punitive damages does not exceed more than 2 or 3 times the actual amount of damages awarded.
Punitive damages are not issued based on a plaintiff’s request but are made by the decision of the court. When a plaintiff sues or files a lawsuit against someone who may be causing harm to them, there is an allowance for the plaintiff to recover costs and losses including – medical expenses, emotional and trauma costs; and unearned income missed as a result of missing work.
These are damages that can be awarded to a plaintiff based on their assessment of what it takes for them to resume life and get back to the way life was before the assault or hurt by the defendant. These are damages that can be awarded under a civil case as compensation. Punitive Damages In North Metro, GA are not awarded as a mode of compensation. Instead, they are designed to curb any future defendants from committing the same actions and ensure that the defendant implicated in the case is punished for their wrongdoing.
Punitive Damages In North Metro, GA can be handed down to individuals, businesses or organizations based on how they behaved in a particular case. For example, some monetary compensation may be too small for some defendants and they may be negligent to take action.
The court however must deem that the defendant has been grossly negligent in the case in order for it to issue the punitive damages.
The court can hand down these charges in order for punishment sake, however, there have been instances where the right to punitive damages has been abused and so some states have caps on just how much the punitive damages can be. In some states, damages are also limited to gross negligence on the part of the defendant. Of course, this must be presented as part of a normal case but the decision for any Punitive Damages In North Metro, GA can only be decided by a court judge or a jury. Remember though that these damages are not designed to benefit you as a plaintiff but to punish the defendant and send a warning to any defendants on what kind of action can be taken against them in similar cases.
If you find yourself the victim of someone’s gross negligence, speak with Eric J. Hertz, P.C. at www.hertz-law.com for a consultation or for more information to see if you have a strong case to file that could see you awarded any punitive damages.
“DISCLAIMER: The above article is provided for information purposes only and is not intended to be, nor should be considered legal advice. Legal advice can only be given by a licensed attorney in your jurisdiction following an individualized consultation. If you are seeking legal advice, please contact an attorney in your area.”