Type of damages awarded to the plaintiff by proving the defendant’s conduct was malicious and despicable
Suppose the plaintiff in a lawsuit proves that the defendant acted “maliciously” or with knowing intent to harm. In that case, the court might allow an award of “punitive” damages to punish the defendant and to dissuade others from engaging in such conduct.
An award for punitive damages is over and above the plaintiff’s economic and general damages award. Punitive damages are rarely awarded in civil cases, and when they are, they tend to be reduced significantly by the trial and appellate courts.
The measure of punitive damages must correlate to the injury suffered and the degree of malice proved against the defendant.
