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What are the two types of compensatory damages?

There are two types of compensatory damagesgeneral and actual. Actual damages are intended to provide funds to only replace what was lost. General compensatory damages awarded are more complex, as these compensatory damages do not represent a monetary expenditure.

What are three types of damages?

What Are the 3 Types of Damages in a Personal Injury Claim? Economic damages. Non-economic damages. Punitive damages.

What is the difference between punitive and compensatory damages?

Compensatory damages are intended to help the injured victim, while punitive damages are meant to penalize the at-fault party. Additionally, compensatory damages are much more common than punitive damages.

What three 3 things must a court consider in reviewing punitive damages?

These are (1) how reprehensible the defendants conduct was, (2) the disparity between the harm experienced by the plaintiff and the punitive damages award, and (3) the difference between the punitive damages award and the civil penalties and remedies imposed in similar cases.

How does a judge determine punitive damages?

There is no set formula for determining the amount of punitive damages in California. Punitive damages serve to deter future misconduct and punish the defendant. Punitive damages also goes by the name exemplary damages.

What must a court consider when it orders punitive damages?

In considering the amount of any punitive damages, consider the degree of reprehensibility of the defendants conduct [, including whether the conduct that harmed the plaintiff was particularly reprehensible because it also caused actual harm or posed a substantial risk of harm to people who are not parties to this

What are punitive damages measures?

Although there is no maximum sum, punitive damages typically do not exceed four times the amount of compensatory damages. For example, if a plaintiff recovers $100,000 in compensatory damages and is awarded punitive damages, they most likely will receive up to $400,000 in punitive damages.

What are the elements to prove punitive damages?

The right to a punitive damages award in California is strictly statutory. Civil Code section 3294 provides that a plaintiff can obtain punitive damages when it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice. (See also CACI 3940-3942.)

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What are the two types of compensatory damages?

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What are the two types of compensatory damages?

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What three 3 things must a court consider in reviewing punitive damages?

How does a judge determine punitive damages?

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What must a court consider when it orders punitive damages?

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