Some Information On Civil Procedure For Punitive Damages

What is punitive damages

               Civil procedure for punitive damages

Punitive damages are damages that are awarded by the court if it feels that the punishment given to the defendant was not enough. These may be monetary damages that would be awarded on top of the compensation damages that have already been awarded. These damages are meant as a punishment for the defendants and hence the name ‘punitive’.

So, what is punitive damages? This punishment is usually given by the court of law as a sort of warning so that it will deter other people from engaging in such anti-social activities. It is a way of punishing the culprit while also sending a message to the other people, so that they will refrain from involving in such activities.

What is punitive damages?

The term punitive damages have already been discussed in brief in the previous paragraph. More on the subject of punitive damages has been given below.

If persons contesting a civil lawsuit are not from the same state and the money in question is more than $75000, then the lawsuit cannot be conducted in a state court. In cases were the state law forms the basis of the civil lawsuit that the persons are contesting, there exists a rule that says that such lawsuits must be conducted in state courts. Therefore, such lawsuits are required to be contested in federal courts.

If the defendants do not plead for an exorbitant amount of money as compensatory or punitive damages, the plaintiffs will get a positive judgment from the federal courts. For the federal court to reach such a decision regarding punitive damages, it must be established by the plaintiffs in the court that the punitive damages that they are demanding are within reasonable limits.


Court of law

                        More on punitive damages

The judge holds the right to alter the decision made by the jury in cases was the punitive damages are involved. This power of the judge is termed as remittitur. In such cases, the judge can reduce the amount of punitive damages awarded by a jury and even has the power to even order a new trial. Therefore, even if the jury was to award to award punitive damages, the judge can override those decisions and reduce the amount of damages.

These are some details regarding punitive damages that are awarded in certain cases. These damages, as a form of punishment have been realized as an effective way of ensuring that people will keep away from engaging in anti-social activities.