Litigation Lawyers in Leavenworth

In Leavenworth, Kansas, civil litigation serves the main purpose of compensating individuals who have been victims of wrongdoing, and not meting out punishment, vengeance, or moral judgment.

There is a major exception to this rule, however. In limited cases, courts in Leavenworth, Kansas will order a defendant to pay the plaintiff damages which are not directly tied to any harm sustained by the plaintiff. Rather, these damages, which are known as "punitive damages", are meant to punish the wrongdoer, and serve as a deterrent.

Punitive Damages in Leavenworth, Kansas are not awarded easily, because the civil justice system usually disfavors giving plaintiffs financial windfalls not directly related to compensating them for their injuries. They are usually only awarded when the conduct of the defendant is morally reprehensible, and far worse than simple carelessness.

Conduct that can give rise to punitive damages in Leavenworth, Kansas

Personal injury litigation doesn't typically carry with it the possibility of punitive damages in Leavenworth, Kansas, because typically personal injury cases stem from harm that was caused accidentally, not deliberately. Accidental harm is not enough to warrant an award of punitive damages in Leavenworth, Kansas.

In Leavenworth, Kansas, punitive damages are only awarded in extreme cases. Civil wrongs such as fraud, conversion (theft), battery, and other intentional, depraved acts are sufficient to award punitive damages. In deciding whether or not to award punitive damages, and how much money to award, courts in Leavenworth, Kansas will consider many different factors. Typically, they employ a sliding scale, weighing the nature of the conduct and the actual harm that the conduct caused. The more immoral the conduct, and/or the more harm caused, the more likely a court is to award punitive damages.

There are limits on punitive damages in Leavenworth, Kansas. The Supreme Court has held that punitive damage awards which are grossly disproportionate to the immorality of the conduct, and the harm that it caused, are an unconstitutional deprivation of property without due process of law.

Punitive damages in Leavenworth, Kansas typically cannot surpass 10 times the amount of actual damages suffered by the plaintiff. Nonetheless, this is just a guideline, and not a strict rule. Courts in Kansas have found larger punitive damage awards to be perfectly valid, and smaller ones to be invalid. This will be strongly dependent on the facts of each case.

How Can a Leavenworth, Kansas Attorney Help?

In Leavenworth, Kansas, judges and juries have a good deal of leeway in deciding if they want to grant punitive damages, so there are a nearly-unlimited number of cases that can lead to a punitive damage award.

If you are engaged in a case in Leavenworth, Kansas that you believe might entitle you to punitive damages, a lot of money could be at stake. Thus, if you want to pursue your legal remedies, you should see a Leavenworth, Kansas civil litigation attorney as soon as possible.