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No, provided the malpractice involved is negligent rather than intentional. Punitive damages are assessed in order to punish and deter intentional tortious conduct. If the malpractice is negligent in the sense of accidental, there is no just reason to assess punitive damages because the person committing the malpractice did not intend to cause the injury.
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Examples of punitive damages?
Punitive damages is also a type of Monetary remedy which is designed to punish the defendant for behavior that shocks the conscience of the finder of fact. Punitive damages are meant to serve as a deterrent. Unlike most compensatory damages for civil suits, the purpose of punitive damages is not to make the plaintiff whole, but to punish the defendant. Punitive damages are not awarded in every civil case and most states have strict rules and limitations on when punitive damages will be allowed.
Who decides punitive damages?
'Punitive damages' are awarded in civil trials, and usually the amount is decided by the jury hearing the case. In cases where a jury trial was waived, the amount is decided by the judge after considering arguments from both sides.
Who paid for the clean up from the Exxon Valdez?
In the case of Baker v. Exxon, an Anchorage jury awarded $287 million for actual damages and $5 billion for punitive damages. To protect itself in case the judgment was affirmed, Exxon obtained a $4.8 billion credit line from J.P. Morgan & Co.
What has the author Thomas F Lambert written?
Thomas F. Lambert has written: 'The case for punitive damages' -- subject(s): Exemplary damages
Does an auto policy cover punitive damages?
Liability insurance is intended to answer for essentially simple negligence (carelessness). Punitive damages, when awarded, are based upon the idea that the wrongdoer's acts were intentional, malicious, willful or egregious. In the context of an auto collision, drunk driving sometimes comes within that definition. Therefore, liability insurance does not. strictly speaking, cover the punitive element of the damages that may be awarded. However, usually prior to a trial, the parties will attempt to settle the dispute. If there is a reasonable expectation that punitive damages could be awarded, the verdict would be "excess" over the policy limits of the insurance policy. An insurer has the obligation to settle the case, if possible, within the policy limits, so as to avoid exposing its insured to an excess verdict. The insurer may therefore offer the full policy limits despite the fact that the injury would not otherwise be worth that much money. In that very limited sense, the insurer might be said to be paying punitive damages because it is paying more than it ordinarily would. All of this is very specifically fact-driven and should not be taken, and is not intended, as legal advice.
Can you be awarded money for damages for a complaint against a dentist without hiring a lawyer?
You may represent yourself in court pro se without being represented by a lawyer. And if you prove your case, you will be awarded the damages you proved. That being said, dental malpractice law is complicated even for lawyers. In the courtroom, you will be expected to know and comply with all the court rules and procedures. If you don't, your case may be dismissed or you risk being sanctioned (fined) by the court. You should seriously consider hiring a medical or dental malpractice lawyer. You might also try some form of alternative dispute resolution (like mediation), which would allow you to get money damages without the stress and formal procedures of court. See the Related Questions below.
What kinds of damages are covered in personal injury cases?
In a personal injury case, a plaintiff may recover both compensatory and punitive damages. -Compensatory damages -Punitive damages -Monetary losses -Non-monetary losses If those who have caused you harm refuse to give you the amount of personal injury compensation you and your loved ones can contact Lawyer4Help USA by calling +1 (307) 828 1476
You have pl pd insurance a passenger in my car wants to sue me can they?
They would have to file a claim with the insurance company for any damages or injury. However, they cannot ask for money to reimburse them for punitive damages--that would be a civil case.
Can you sue a drunk driver for attempted murder?
Attempted murder is a criminal charge and can only be brought by the state or, in some specific cases, federal authority. A person can, however sew for damages and make a case for punitive damages to be assessed.
In a civil case can the judge reduce the amount of monetary damages awarded by the jury?
Yes. If the money damages awarded by a jury are deemed to be excessive as a matter of law the judge may order the plaintiff to remit a portion of the award. This order is called remittitur.
How much total damages do you get such as maxmium damages in the federal district court in Boston masss?
I have a case in federal district Boston Mass under ADA 1990 Title 1 Employment I am allowed maximum damages of $300,000 plus compensatory damages punitive damages emotional distress attorneys fees and defamation of charactor this information for my counsel of choice
In a medical malpractice lawsuit might the fact that the patient became more ill because he forgot to take his medicine affect the outcome of the case?
Yes. In most states, the patient could be deemed to be contributorily negligent. That means that, while the doctor could possibly be found negligent, the patient could also be found negligent, and any damages awarded at trial would be multiplied by the percentage of the doctor's negligence. If the doctor could show that the patient's failure to take the medicine entirely caused the patient's injury, then the patient would be awarded nothing. If you are a doctor involved in a medical malpractice case, you should be represented by a tort attorney who specializes in health care law and/or malpractice cases. If you are a patient suing your doctor, you should be represented by a personal injury attorney with experience in medical malpractice issues.
