Litigation Lawyers in Manhattan

In Manhattan, Kansas, civil litigation serves the primary purpose of compensating people 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 situations, courts in Manhattan, Kansas will order a defendant to pay the plaintiff damages which are not directly tied to any harm suffered 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 Manhattan, Kansas are not awarded lightly, because the civil justice system typically 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 Manhattan, Kansas

Personal injury litigation doesn't normally carry with it the possibility of punitive damages in Manhattan, Kansas, because generally 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 Manhattan, Kansas.

In Manhattan, Kansas, punitive damages are only awarded in extreme situations. 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 Manhattan, Kansas will consider many different factors. Normally, 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.

It's critical to know that punitive damages in Manhattan, Kansas are subject to limits. The Supreme Court of the United States has held, more than once, that punitive damages can't be grossly disproportionate to the actual harm suffered by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government taking property from the defendant without due process of law.

In general, punitive damages in Manhattan, Kansas cannot be more than 10 times larger than the actual damages suffered by the plaintiff. However, this is not an absolute rule, and appeals courts in Kansas have upheld much larger awards, and found much smaller awards to be invalid. It's determined on a case-by-case basis.

How Can a Manhattan, Kansas Attorney Help?

Manhattan, Kansas's courts have wide discretion in awarding punitive damages. Accordingly, it is impractical to comprehensively discuss all the situations in which punitive damages can arise.

If you are located in Manhattan, Kansas, and are immersed in a case that you think, based on the information conveyed above, that might have punitive damages as an option, you can't be sure what, if anything, you're entitled to from the defendant until you consult with a Manhattan, Kansas civil litigation attorney