therefore, recognize this fact and institute oil spill punitive damages
Punitive damages can remove the benefits of reckless conduct
within the deterrence function of punitive damages, albeit with some
represent the total amount of a potential punitive damages award
This latter message can be conveyed by posthumous punitive damages, as long as potential future tortfeasors expect to live after committing the tort.
I have argued that, contrary to the prevailing justification for the nonsurvivability rule, (18) awarding posthumous punitive damages deters potential tortfeasors.
Courts use punitive damages in part to seek retribution against the wrongdoer.
These research findings support the claim that punitive damages are less psychologically satisfying when their sole function is to prevent harm by other potential tortfeasors, rather than to punish the specific wrongdoer who has transgressed.
S, Supreme Court has advanced a three-prong test to determine whether punitive damages are excessive.
It is not always easy to predict whether an appellate court will allow punitive damages, reduce the amount (termed a remitted), or disallow them altogether.
Other court decisions have upheld punitive damages in medical malpractice actions.
One important practical point: Punitive damages may not be a covered benefit in some professional liability insurance policies (for example, Medical Insurance Exchange of California), which means the practitioner's personal assets may then be at risk.