Aggravated or exemplary damages are a form of punitive award granted in civil cases where the defendant’s conduct is deemed particularly reprehensible or malicious. Unlike compensatory damages, which aim to make the plaintiff whole, aggravated damages serve a dual purpose: on the one hand, aim to punish the wrongdoer and, on the other, to deter similar conduct in the future, thereby emphasizing the crucial role they play in preventing future misconduct.
Courts typically consider several factors with great care when determining whether to award aggravated damages, demonstrating the thoroughness of the legal process. These factors include the defendant’s state of mind, the severity of the misconduct, and any potential profit derived from the wrongful act. These damages are usually reserved for cases involving intentional, willful, or reckless behavior that goes beyond mere negligence.
In many jurisdictions, the availability and amount of aggravated damages are subject to statutory limits and judicial discretion. Judicial discretion refers to the power of the judge to make decisions based primarily on their judgment and not bound by strict rules or precedents. Some legal systems require a higher standard of proof for awarding aggravated damages, such as “clear and convincing evidence” rather than the typical “preponderance of evidence” standard in civil cases.
It’s important to note that aggravated damages are only sometimes recognized in some legal systems. In some jurisdictions, they may be subsumed under the broader category of punitive damages or may not be available at all. When awarded, aggravated damages are typically paid in addition to compensatory damages, reflecting the court’s condemnation of the defendant’s conduct and serving as a deterrent to others.