How are punitive damages calculated?
821251
You can not get punitive damages in every case. As stated, punitive damages are allowed to punish wrongdoing. You can get actual damages from the bank because it employed the person who embezzled and it is responsible for his actions.\nIn order to get punitive damages you would have to plead and prove something more, like reckless conduct or malicious intent when it hired the employee.\nYou can also sue the employee for damages, and because he performed the willful malicious act, you may win punitive damages from him - but not from the bank.\nAlthough sometimes lawyers will ask the Court to triple the actual damages, there is no formula.  $100 may be sufficient to punish a person with no funds and no way of getting funds; $1,000,000 may be necessary to get the attention of a major corporation.
288187
typically a fine and/or community service.  possible jail-time depending on criminal history and the extent of the damage, but most likely not to exceed one year.  these laws are usually set by state government under property damage laws.  Also, owner of vandalized property may sue for damages in civil court.
936100
Usually compensatory damages are not taxable but punitive are
343767
The above answer is blatantly false. The IRS taxes all lawsuit awards and settlements not for physical injury or disease, and even for those awards, they tax all punitive damages and interest. Legal fees are to be deducted from the award.
889113
Think of it this way, insurance settlements arre usually reimbursements for money that you have already spent repairing or replacing items that were damaged, lost or stolen.  Usually this money is not taxable.  If however you sue an insurance company and receive money above and beyond what it cost to repair or replace property, i.e. punitive damages, the amount in punitive damages would be taxable.\n\nIf you receive money and loan it to someone else, it is assumed to be your money of which you can do whatever you want you may claim it as a nonbusiness bad debt deduction.  However in order to deduct it off your taxes - you woud have to 1099 the borrower for the forgiveness of the debt.  This person would then add that amount that amount as ataxable income to thier return.
582601
the DA decides whether or not there is enough evidence to prosecute.\nEveryone has the right to be tried by a jury, that would be up to the offender to decide. \nThe outcome of a civil suit is usually decided by the judge. and criminal cases by jury.\nI guess i would say #4 is the answer. \nThe jury weighs evedence in a case to determine if an offender is innocent or guilty.
1154597
Depends on the how much damage was done and the jurisdiction.
527251
Damages -- direct cost of the harm you've suffered.\nPunitive damages -- extra cost added to deter the wrong-doer or others from repeating their actions.  This usually requires that the defendant has shown malice or reckless disregard for safety.
405680
See above for one meaning.\n\nAnother is where a law suit has been settled, usually by default or stipulation as to liability, but the AMOUNT of damages is undecided. The court will then hold a hearing to determine the amount of damages to be recovered.\n\nAnother example is where a case has been resolved, including the actual damages, but there is some question or dispute over secondary recovery, such as costs or attorney's fees. The court has already determined that "reasonable costs" will be paid by the losing party, but there is disagreement over what costs were incurred, and/or which ones are reasonable.\n\nIn either of these situations, a "prove up" hearing will be held to resolve these discrepancies.
1134902
Yes, this will vary considerably by state.\n\nIn California, the situation you're describing here is probably already past the criminal stage.  You said the victim is showing an effort to pay back the damages, but I'm guessing you meant the suspect.  If the victim and suspect have entered into ANY kind of arrangement for restitution, that would normally shoot down any kind of criminal prosecution and the parties would be referred to small claims court if things go sideways later.\n\nAgain, in California, if the vandalism is only a misdemeanor, the time limit would be one year.  You're going to have to tell people what state you're in to get a better answer.
128631
This depends on the state you are in and the judge that you get. There is a range of sentences, and it varies by state.
801468
Seriously.  None.  In the end he will be told to give you one half of what ever he got.  I have seen this happen many times.  I work for an attorney.  If your not close to trial then not much is going to happen.  Even then you will just have to get compensated.
884364
WOW !!  I wouldn't want this group as my jury!!\n\nIn all fairness, $150.00 is not a lot of money. The perp would probably get probation and community service if it's a first or second offense. Restitution would probably be par of it, as well.\n\nIf it is a repeated offense, then the judge may be a bit harder and sentence them to some jail time.
1050952
depends on if they are court apponited, if ur paying them, what part of the country, how serious the case, etc
441069
file a police report and they will handle it from there,\nthen go to court and make him/her pay the damage
832242
Because the reality is that if there is no incentive, then plaintiff will not make a claim for punitive damages.  It takes money to prosecute a claim, and most people will not do so for free.
339713
There is no "equation" per se, but insurance companies generally try to pay no more than the "reasonable and necessary" medical bills, plus an amount roughly equal to or less than that for pain and suffering, unless you don't have a lawyer, then they try to pay even less. Plaintiff attorneys generally try to get all of the medical bills, plus 1 to 3 times the bills for pain and suffering, depending on the level of injury and the severity of the accident. There are many other factors that come into the "equation," like the type of witness a person will make, the reputation of the treating physicians, etc.\n\nYour best bet to "value" an injury is to do jury verdict research for the specific injury involved and factor in as many variables as possible.