DocketX / Glossary / punitive damages
Punitive damages are extra money a court may order a defendant to pay, beyond compensating the plaintiff, to punish the defendant for especially harmful or reckless conduct and to deter similar behavior in the future.
Punitive damages are not intended to make the plaintiff whole but to sanction the defendant for egregious wrongdoing, such as fraud, malice, or gross negligence. They appear in a case only after the plaintiff has already proven actual harm and entitlement to compensatory damages, and are typically decided by the jury in a separate phase of the trial.
If you are a defendant, punitive damages can dramatically increase the total amount you might owe, far beyond the actual harm caused. For a plaintiff, they represent a potential windfall but require proving a higher standard of misconduct, which can make the case more complex and harder to win.
Many people mistakenly believe punitive damages are automatically available in any lawsuit, but they are only awarded in a minority of cases involving extreme misconduct, not for ordinary negligence or breach of contract.
Get the actual rule
This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.
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General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.