Punitive Damages

Generally, punitive damages are not awarded in order to compensate the plaintiff, but in order to reform or deter the defendant and similar persons from pursuing a course of action such as that which damaged the plaintiff. They are meant to be "punitive," – punishment. Punitive damages are awarded only in special cases. Usually this is where the defendant's conduct was egregious, and demonstrate malice or intent. It is often said that the conduct of the defendant must be "outragious." Great judicial restraint is expected to be exercised in their application. In the United States punitive damages awards are subject to the limitations imposed by the due process of law clauses of the Fifth and Fourteenth Amendments to the United States Constitution.

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