An injured party who obtains compensatory damages may, under certain circumstances, be entitled to punitive damages. In Connecticut, punitive (or exemplary) damages require evidence of reckless indifference to the rights of others or an intentional and wanton violation of those rights. State statutes outline specific circumstances where punitive damages may be awarded.

Purpose of Punitive Damages  

According to the Connecticut Civil Jury Instructions, punitive damages are not meant to compensate the plaintiff but rather to:

• Punish the defendant for outrageous conduct.
• Deter others from engaging in similar actions in the future.

Punitive damages may only be awarded if the jury unanimously finds that the defendant's conduct was reckless or egregious.

How Common Are Punitive Damages?  

Punitive damages are rarely awarded, occurring in less than 4% of all jury verdicts. However, high-profile cases that result in large punitive damage awards often receive media attention, making them seem more common than they actually are.

Legal Guidelines for Punitive Damages  

The U.S. Supreme Court, in BMW of North America v. Gore (1996), established three guidelines for reviewing punitive damages:

1. The degree of reprehensibility of the defendant's conduct.
2. The ratio between compensatory and punitive damages.
3. Whether criminal or civil fines could be imposed for the same misconduct.

Connecticut's Limits on Punitive Damages  

Unlike some states, Connecticut limits punitive damages awards. More than 20 states impose caps on punitive damages, and many require proof by clear and convincing evidence.

However, in Connecticut, punitive damages only require proof by a preponderance of the evidence (also known as proof by 50.01%), which is a lower burden than clear and convincing evidence.

The Connecticut Supreme Court, in Berry v. Louiseau (1992), further limited punitive damages to cover only the actual cost of litigation, including attorney's fees.

What This Means for Injury Victims  

• Punitive damages are difficult to obtain and require evidence of intentional or reckless misconduct.
• Connecticut limits punitive damages to litigation expenses, making them less financially significant than in other states.
• Hiring an experienced personal injury lawyer is crucial to fully develop your case and maximize your compensation.

Protect Yourself  

If you or a loved one has been injured due to someone else's reckless or intentional actions, don't wait to take legal action. Reach out to Hastings, Cohan & Walsh, LLP today for a free consultation. Our experienced Connecticut personal injury attorneys are committed to protecting your rights and ensuring you receive the compensation you deserve.

Whether you're pursuing compensatory or punitive damages, you don't have to face this alone. Contact a trusted Connecticut personal injury lawyer to guide you through the legal process and fight for fair compensation.

Call 203-438-7450 to schedule your free consultation today or visit www.hcwlaw.com to download a free eBook with valuable legal information.