What distinguishes punitive damages from regular damages?

Punitive damages are specifically designed to punish the wrongdoer and deter similar conduct in the future. Unlike regular damages, which compensate a plaintiff for actual losses incurred—such as medical expenses, lost wages, and pain and suffering—punitive damages go beyond compensation. They aim to address a defendant's conduct, particularly when it involves malice, gross negligence, or reckless behavior.

The requirement for proof of intent to harm is crucial because punitive damages are generally reserved for cases where the defendant's actions are egregious and display a significant disregard for the rights and safety of others. This element distinguishes them clearly from regular damages, which do not necessitate such a showing of intent or malice. The purpose of punitive damages is to not only compensate the victim but also to send a message to the defendant and society about the unacceptability of certain behaviors.