Triple damages may be awarded in certain cases as a punitive measure, but only if it can be shown that the losing party willfully violated the law. This is not applicable in cases where the wrongdoing was unintentional. The law surrounding punitive damages can be complicated and lawyers may advise clients to consider settlement offers to avoid the risk of tripled damages.
In some types of cases where compensation is awarded, the court may adjust the compensation amount to three times the amount originally awarded. This is known as triple damage. In some cases, they may be required by law, and in others, the judge has some discretion when issuing a final decision. These damages are meant to be punitive, to discourage certain types of behavior.
For triple damages to be awarded, it must be shown that the losing party willfully violated the law. A simple example would be a patent infringement case. If it can be shown that the offending party knew the infringement was not lawful and prosecuted it anyway, the case could be eligible for triple damages. Likewise, all other cases where it can be shown that someone has deliberately chosen to act in a manner prohibited by law may be admissible.
Conversely, if someone has wronged, but not intentionally, they are still liable, but not for triple damages. For example, if a driver sues another driver for damages following a traffic accident, triple damages will not be awarded, unless the other driver deliberately broke the law to cause the accident. In essence, these damages are designed to penalize people who have deliberately chosen to inflict harm, while they are not applied in cases that do not meet the “willful conduct” standard.
The law surrounding punitive damages can get complicated. Sometimes people incur tax liabilities when they receive triple damages, and in cases where there is an international component, other nations may not be willing to recover triple damages if punitive damages are prohibited. There may also be cases where the multiplication of the recognized damage is required, but it is not practicable, because the losing party cannot afford to pay the increase.
Whether a case is eligible for this type of damages, sometimes this is obvious at the outset and in other cases it can be discovered as the case is heard in court. Lawyers generally try to advise their clients if there is a risk of tripled damages, and in some cases they may encourage their clients to consider making an agreement to reduce the amount of damages. People who are suing for damages should consider settlement offers carefully, as there are advantages and disadvantages to accepting a settlement offer.
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