Punitive damages are a type of damage awarded in a civil lawsuit that is meant to discipline a defendant for especially heinous behavior and to discourage similar conduct in the future. Johnson & Johnson didn’t inform consumers about the risks of Tylenol. The company intentionally caused harm to people in order to make a profit. So, it is important to include punitive damages when calculating damages in a Tylenol lawsuit.
Here are seven reasons why you should consider suing for punitive damages in a Tylenol lawsuit:
1. The Defendant’s Conduct Was Particularly Malicious or Egregious
In order to recover punitive damages, you generally have to show that the defendant’s conduct was particularly reprehensible. This might include intentional or reckless misconduct, fraud, or gross negligence.
In a legal context, the term “egregious” refers to conduct that is extremely and flagrantly wrong or offensive. When a defendant’s conduct is described as “egregious,” it usually means that their actions were particularly harmful or outrageous.
2. The Defendant Has a History of Similar Conduct
If the defendant has a history of similar conduct, this can be relevant in establishing whether to award punitive damages. This is because the goal of punitive damages is not just to impose a penalty on the defendant for the specific conduct at issue but also to dissuade the criminal and others from repeating such behavior in the future.
3. The Defendant Has the Ability to Pay
In order to award punitive damages, the court must consider the defendant’s ability to pay. If the defendant has substantial financial resources, this may be a factor in favor of awarding punitive damages. For example, if you are suing the defendant for damages such as autism, a creditor will help in calculating damages in a Tylenol lawsuit. The creditor then demonstrates that the defendant has the ability to pay, and the judge may order the defendant to pay the debt.
4. The Damages Sought Are Not Sufficient to Adequately Compensate You
If the damages that you are seeking in your lawsuit are not sufficient to fully compensate you for the harm that you have suffered, you may want to consider seeking punitive damages in addition to compensatory damages.
5. You Want to Send a Message
If you believe that the defendant’s conduct was particularly harmful or outrageous, you may want to seek punitive charges to send a warning that such conduct will not be tolerated.
6. The Defendant’s Conduct Was Intentional or Malicious
In some cases, the defendant’s conduct may have been particularly intentional or malicious, which could justify pressing punitive damages.
7. Do you Want to Deter Similar Conduct in the Future?
As mentioned above, one of the main goals of punitive damages is to prevent the defendant and any other person from engaging in similar conduct in the future. If you believe that the defendant’s conduct was particularly harmful or outrageous and that there is a risk of similar conduct occurring in the future, you may want to consider seeking punitive damages.
Generally, punitive damages are not available in all cases and can be difficult to obtain. In order to recover punitive damages, you generally have to show that the defendant’s conduct was particularly egregious or malicious. You should consult with an experienced attorney to determine whether you have a strong case for punitive damages.