Punitive Damages (Tort Action) - Explained
What are Punitive Damages in a Tort Action?
Written by J. Mance Gordon
Updated at April 20th, 2024
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What are Punitive Damages?
Punitive damages are used to punish defendants for committing intentional torts and for negligent behavior considered gross or willful and wanton.
What type of Conduct gives rise to Punitive Damages?
The key consideration in the award of punitive damages is the defendant's motive. Usually, a defendant's motive must be malicious, fraudulent, or evil. Punitive damages are also awarded for dangerously negligent or reckless conduct that shows a conscious disregard for the interests of others.
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