Punitive Damages

[v2prwsmb45yhuq3wj23vpjk]

So when a lawsuit involving damages happens and the defendant is ordered to pay the plaintiff in damages, there are regular, compensatory damages, the money that is paid to the plaintiff to 'fix what was broken' so to speak. Then, there are punitive damages, money the defendant pays to the plaintiff as punishment, in order to provide a deterrent for them repeating their actions or for others from taking similar actions.

My question is, why does this money go to the plaintiff?

[Wells]

So when a lawsuit involving damages happens and the defendant is ordered to pay the plaintiff in damages, there are regular, compensatory damages, the money that is paid to the plaintiff to 'fix what was broken' so to speak. Then, there are punitive damages, money the defendant pays to the plaintiff as punishment, in order to provide a deterrent for them repeating their actions or for others from taking similar actions.

My question is, why does this money go to the plaintiff?

If it went to the state wouldn't that constitute a conflict of interest?

[Zangeiti]

I can think of no justifiable reason why the plaintiff should receive punitive damages in a civil suit. I'm not against the idea of punitive damages at all, but their purpose is not compensation (that's what compensatory damages are for) but punishment. Assuming a plaintiff is compensated for his loss, I think all punitive damages should go to the government, or charity.

But I'm willing to be convinced that society is somehow served by awarding punitive damages to plaintiffs

[Sunseeker]

If it went to the state wouldn't that constitute a conflict of interest?

It could be, in the same way that cops write more tickets when the budget is in a bind(or new laws are made that have ridiculous fees).

[v2prwsmb45yhuq3wj23vpjk]

If it went to the state wouldn't that constitute a conflict of interest?

I believe the jury decides the amount for punitive damages. Also, it could be changed to be based on the compensatory damages rather than being arbitrary if that isn't the case.

[Sunseeker]

I believe the jury decides the amount for punitive damages.

Usually within a specific range for the crime though.

[v2prwsmb45yhuq3wj23vpjk]

Usually within a specific range for the crime though.

I thought there was no range but rather a way for the defendant to appeal the amount as notwithstanding the offense or some such similar thing.

[Sunseeker]

I thought there was no range but rather a way for the defendant to appeal the amount as notwithstanding the offense or some such similar thing.

Well there's both, and it depends on the precedent.