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U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics March 2011 Special Report NCA 233094 Punitive Damage Awards in State Courts, 2005 By Thomas H. Cohen, J.D., Ph.D.,
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Punitive damage awards are a type of monetary compensation awarded to a plaintiff above and beyond compensatory damages, typically as a way to punish a defendant for their actions.
The plaintiff in a civil lawsuit is the one who can request punitive damages, and it is typically up to the judge or jury to determine if they are warranted.
Punitive damages are typically requested in the initial complaint filed by the plaintiff, and specific details about the wrongful actions of the defendant should be included.
The purpose of punitive damages is to deter the defendant and others from engaging in similar wrongful conduct in the future.
The plaintiff must provide evidence of the defendant's intentional or reckless conduct that justifies the award of punitive damages.
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