{"id":384547,"date":"2025-10-27T16:38:41","date_gmt":"2025-10-27T21:38:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/?page_id=384547"},"modified":"2025-10-27T16:36:32","modified_gmt":"2025-10-27T21:36:32","slug":"what-are-punitive-damages","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/accident-injury-law\/what-are-punitive-damages.html","title":{"rendered":"What Are Punitive Damages?"},"content":{"rendered":"\n
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What Are Punitive Damages?<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Punitive damages<\/span> are a special monetary award a court may order a defendant to pay in addition to a victim’s actual compensation. Unlike damages meant to cover losses, the purpose of <\/span>punitive damages<\/span> is to punish a defendant for particularly reckless or malicious behavior.<\/p>\n\n <\/div>\n\n\n\n

The question plaintiffs almost always ask their personal injury attorney after \u201cDo I have a case?\u201d is \u201cHow much can I get?\u201d In a personal injury case<\/span>, the amount of damages available depends on the victim\u2019s injuries and degree of suffering. In other civil cases, the damages depend on the nature of the case.<\/p>\n

Compensatory damages<\/span><\/a> \u201cmake the victim whole.\u201d After a car accident, for example, victims can request economic damages, such as medical bills<\/span> and lost wages<\/span>, and non-economic damages, such as pain and suffering<\/span> and emotional trauma. States usually do not limit, or \u201ccap,\u201d the amount of <\/span>compensatory damages<\/span>. Victims can receive the full amount of economic damages, although some states limit the non-economic damage awards.<\/p>\n

Courts award punitive damages<\/span>, also called \u201cexemplary damages<\/span>,\u201d in cases where the defendant\u2019s conduct<\/span> was unusually negligent, reckless, or intentionally harmful. Punitive damages<\/span> do not compensate the victim for their injuries.<\/p>\n

The purpose of <\/span>punitive damages<\/span> is to punish the defendant and discourage similar behavior in the future. However, there are limits on how much a court may award in punitive damages<\/span>.<\/p>\n

When Are Punitive Damages<\/span> Considered?<\/h2>\n

Courts award\u00a0punitive damages<\/span>\u00a0very rarely. Some kinds of civil cases cannot receive\u00a0punitive damages<\/span>,\u00a0and plaintiffs must request\u00a0them in court. Punitive damages<\/span> are not part of insurance claims or other settlements. However, the threat of a large punitive award at trial is a powerful negotiating tool that can significantly increase the overall settlement amount.<\/p>\n

Contract Law<\/h3>\n

Courts usually will not award punitive damages<\/span> in a breach of contract<\/span><\/a> case. In these cases, the contract itself may provide for additional damages if one party intentionally breaches.<\/p>\n

In these cases, the courts usually intervene only if the defendant acted<\/span> in a way that went beyond the scope of the contract, such as fraud or bad faith.<\/p>\n

Product Liability<\/span><\/h3>\n

Product liability<\/span><\/a> involves any item placed into the \u201cstream of commerce.\u201d Any entity involved in the manufacture, production, shipment, or sale of a product can be liable if that product harms a consumer. Product liability<\/span> falls into three main categories:<\/p>\n