As followers of law and readers of newspaper, we come across instances where a lawsuit has been filed against a person or an organization. The charges can be of any type and most of them would be aimed at seeking compensation from the accused. Be it a civil or criminal lawsuit, compensation claims are an integral aspect of law. However, there are times when things might go beyond such claims and would be intended to seek suitable punishment for the act of crime committed by the accused. But there are various aspects to such a lawsuits and it is vital that you understand the nuances of lawsuits seeking such sentences.
What are punitive damages?
Punitive damages are the ones that go beyond just compensation claims and usually takes place when things gets personal. Usually, punitive damages are claimed on top of the general compensation claims which accompany most lawsuits.
So when does a lawsuit seeking punitive damage award? They are usually awarded when the actions of the accused points towards gross and willful negligence aimed at causing injury (of high degree) or death to the victim. Now this is a bit of a complex law. So, if you actually wish to win such a lawsuit, it would be advisable to know what are punitive damages and what are its effects.
When can they be used?
Punitive damages are usually awarded when the accused or defendant is found to have indulged in morally culpable actions that are intended to cause severe harm to the victim or for the society in general.
It’s not just intentional action that qualifies for punitive damages , reckless or gross negligence which causes physical or emotional trauma to the claimant also invite these charges.
However, neither can one claim for punitive damages alone nor can one claim for it unless the basic charges have been proved right. Punitive damages and punishments are awarded only on top of the normal damage claims and must be specifically mentioned in the lawsuit. No matter how serious the case is, New York law for example doesn’t provide for punitive damages by default in its lawsuits and the claimant must mention punitive damage claims on top of the damage claims in their lawsuit to pursue lawsuit for punishing the defendant. Punitive damages are awarded only for those where the sentence should serve as an example for society in order to prevent such heinous crimes from repeating again.Google+