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Damages

What is Punitive Damages?

Additional damages awarded beyond compensatory damages to punish the defendant for particularly egregious conduct and deter similar behavior in the future.

Understanding Punitive Damages

Punitive damages are not available in all cases and typically require proof of intentional misconduct, fraud, or gross negligence. Many states cap punitive damages or require a portion to be paid to the state. They are not covered by liability insurance.

Examples

  • 1Drunk driver with multiple prior DUI convictions
  • 2Company knowingly selling dangerous products
  • 3Intentional fraud or deception causing harm

Why This Matters in Legal Cases

Punitive damages can dramatically increase a case's value but are only available in limited circumstances involving egregious conduct. They serve a different purpose than compensatory damages—rather than making the plaintiff whole, they punish the defendant and send a message to deter similar behavior. Understanding when punitive damages may apply helps attorneys identify high-value cases.

Explaining to Clients

Be careful not to create unrealistic expectations about punitive damages. Explain that they are rare and require proving the defendant's conduct was especially reckless, malicious, or fraudulent—ordinary negligence is not enough. When punitive damages are warranted, emphasize that the jury has discretion and courts may reduce excessive awards.

Frequently Asked Questions

When are punitive damages awarded?

Punitive damages are typically awarded when the defendant's conduct was willful, malicious, fraudulent, or showed a reckless disregard for the safety of others. Examples include drunk driving with prior DUI convictions, a company knowingly selling a dangerous product, or intentional fraud. Mere negligence or carelessness is usually not enough.

Are there limits on punitive damages?

Yes. Many states cap punitive damages, often at a ratio to compensatory damages (like 3:1 or 4:1) or at a specific dollar amount. The U.S. Supreme Court has indicated that ratios exceeding 9:1 may violate due process. Some states also require a portion of punitive damages to be paid to the state rather than the plaintiff.

Does insurance cover punitive damages?

In most states, liability insurance does not cover punitive damages because allowing insurance to pay would undermine the punishment purpose. This means punitive damages must be paid out of the defendant's own assets. Some states prohibit insurance coverage for punitive damages by statute.

Sources

Related Terms

Loss of Consortium

A claim by the spouse or family member of an injured person for the loss of companionship, affection, comfort, and sexual relations resulting from the injury.

Diminished Value

The reduction in a vehicle's market value after it has been damaged in an accident and repaired, compared to a similar vehicle that was never damaged.

Pain and Suffering

A category of non-economic damages compensating injury victims for physical pain, emotional distress, and diminished quality of life caused by their injuries.

Future Medical Expenses

The projected cost of medical treatment, therapy, medication, and care that an injured person will need in the future as a result of their injuries.

Lost Wages

Income that an injured person loses because they are unable to work due to their injuries, including salary, hourly wages, bonuses, and other employment benefits.

Last updated: January 24, 2026
Reviewed by: Quilia Legal Content Team

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