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Personal Injury
Punitive Damages
Posted by: Nicholas Mayle
December 30, 2011
One of the most commonly reported aspects of the law in the media is the issue of punitive damages. Whenever a large punitive damage award is given in a high profile case, it is sure to draw the attention of the national media. Along with this attention usually comes debate over whether punitive damage awards are too high. Unfortunately, this debate is usually fueled by a lack of understanding regarding what punitive damages actually are, when they can be awarded, and how much can be awarded.
Punitive damages are awardable under Colorado law. However, in Colorado they are usually referred to as "exemplary damages." Punitive Damages are damages designed to punish the defendant for seriously bad conduct. The Colorado Supreme Court adopted this principle long ago, stating, there are two purposes of punitive damages: "punishing the wrongdoer and setting an example for others." French v. Deane, 23 P. 609, 612 (Colo. 1894).
How are punitive damages different from other types of damages? Other types of damages are usually called actual damages and are designed to help the victim or person bringing the lawsuit. For instance, if the defendant injures someone and causes them to incur $20,000.00 in medical bills
