Evaluate whether the defendant's actions were malicious, intentional, or grossly negligent. A court will need clear and convincing evidence to decide if you should receive punitive compensation. That level is higher than the usual standard of proof in many civil cases. If the judge or jury consider that the award of a punitive award is in line with the facts, they will set a specific figure.
This figure should reflect the severity of the damage and the importance of preventing similar actions. The degree of guilt of the defendant is usually taken into account when determining how much punishment is justified and how much deterrence is needed. The jury or court also considers any circumstances that could mitigate the punitive damages. The factors that the courts consider include the defendant's intent, whether he concealed the offense, whether the conduct was carried out routinely or as a matter of policy, the length of the conduct, whether the defendant was provoked and whether the defendant attempted to correct the wrongful act.
Therefore, a motion by the defense not to file a lawsuit or an addressed verdict on the issue of punitive damages can only be granted when the trial court determines that no reasonable jury could consider the plaintiff's evidence to be clear and convincing. As noted, the California Government Claims Act expressly exempts California public entities from liability for punitive damages (governor). The most common reasons for overturning punitive sentences are (partiality, passion, or prejudice); (lack of evidentiary support); and (excess) that stirs judicial conscience. In Connecticut, the general rule of common law (as dictated by a judge) is that courts can allow punitive damages in personal injury cases when evidence shows reckless disregard for the rights of others or an intentional or wanton violation of those rights. The plaintiff is not required to show in his lawsuit that the defendant is responsible for punitive damages.
In the case of a personal injury lawsuit, punitive damages can be added to compensatory damages, which cover the victim's medical bills, hospital expenses, property damage, and other fees. Some states have abolished punitive damages or have limited them to cases expressly provided for by law. Double costs, if the judgment in favor of the plaintiff and the court consider that the defendant filed an affidavit or made a statement without just cause or for the purpose of delaying. In addition, it is the plaintiff who bears the burden of presenting evidence of the defendant's financial situation to the jury for the purpose of determining the amount of the punitive damages.
Punitive compensation, which should not exceed twice the compensation, if the damage was due to the reckless recklessness of the seller of the product for the safety of users, consumers or other people who were injured. Laws, which provide for compensation for punitive damages, usually specify their amount or set a maximum amount in dollars. In addressing these complex factual patterns, it may be preferable not to allege punitive damages in the original lawsuit and, instead, to file a subsequent request for authorization to file an amended lawsuit alleging punitive damages, after obtaining evidence that in fact supports the recovery of the punitive damages. As noted above, some Connecticut statutes allow for punitive damages for certain situations in the amount of two or three times the victim's actual damages.
Larger punitive damages may also be awarded if the non-economic damage is difficult to estimate, the injuries are difficult to detect and could result in the need for ongoing care, or if the defendant's conduct is extraordinarily offensive. Therefore, it is almost certain that the court will grant the plaintiff's authorization to file a modified lawsuit alleging punitive damages, and the defendant's motion to vacate the allegations of punitive harm in the amended lawsuit will test the sufficiency of the allegations of punitive harm in the plaintiff's modified lawsuit.