The Answer
Juries weigh punitive damages differently than compensatory damages. Instead of asking "what did this cost the victim," they're asking "how reprehensible was the conduct, and what will it take to deter it."
Juries typically consider:
- How intentional, reckless, or malicious the conduct was
- Whether the defendant knew the conduct was wrong and did it anyway
- The defendant's financial resources, since punishment should actually sting
- Any pattern of similar misconduct
Punitive damages aren't available in every case, and they're reserved for conduct that goes beyond ordinary negligence. In civil rights cases involving egregious misconduct, they send a message that accountability has teeth, not just a price tag.
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