Punitive Damages In Alabama, punitive damages are a type of compensation that a plaintiff may be awarded in a civil lawsuit, in addition to actual damages, to punish the defendant for particularly egregious behavior and to deter them and others from engaging in similar conduct in the future. Under Alabama law, punitive damages are only available in cases where the defendant’s conduct was wanton, willful, or reckless. This means that the defendant’s behavior must have been intentional, or at least so indifferent to the consequences that it amounted to a conscious disregard for the rights or safety of others. Alabama has a cap on punitive damages, meaning that the amount a plaintiff can be awarded is limited. The cap is set at three times the amount of actual damages or $1.5 million, whichever is greater. However, in cases where the defendant acted with a specific intent to harm the plaintiff or engaged in conduct that is punishable as a felony, there is no cap on punitive damages. It is important to note that punitive damages are not automatically awarded in every case where the defendant’s behavior meets the threshold for such damages. Instead, the decision to award punitive damages is up to the jury, and they must find by clear and convincing evidence that such damages are warranted.
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