What is the controversy about “punitive damages”?
Punitive damages can often be awarded in civil cases, including tort cases, where the defendant’s conduct is found to be intentional or willful or wanton or malicious. For example, the financial verdict against O.J. Simpson primarily consisted of punitive damages. A few states prohibit the award of punitive damages and the majority of states require clear and convincing evidence Several states have placed limits on the amount of punitive damages which can be awarded (usually no more than a certain percentage of the compensatory damages). In nine states, a portion of the punitive damage award goes into a state fund. Punitive damages verdicts are unusual; they are awarded in less than 4% of all tort jury verdicts where the plaintiff prevails. They are more common in financial litigation. Because most lawsuits are never go to trial and are settled, punitive damages are very small part of the tort system costs. But they are nonetheless controversial because they bear no relationship to com
