What are punitive damages and when are they available?

Punitive damages (also called exemplary damages) are awarded in addition to compensatory damages in cases where the defendant's conduct was especially egregious — going beyond ordinary negligence to include intentional misconduct, malice, fraud, or reckless disregard for the safety of others. Unlike compensatory damages, which are designed to make you whole, punitive damages are meant to punish the wrongdoer and deter similar conduct by others. Common scenarios where punitive damages may be available include drunk driving causing serious injury, a manufacturer knowingly selling a dangerous product, or a nursing home engaging in deliberate abuse or neglect. Not all states allow punitive damages in civil cases, and many that do impose caps or require a higher standard of proof (typically "clear and convincing evidence" rather than the "preponderance" standard for compensatory damages). An attorney can advise whether punitive damages are viable in your specific case.