Litigation Lawyers in Wells

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

This basic principle is subject to an significant exception, however. There are cases where a judge in Wells, Maine will order a defendant to pay the plaintiff a sum of money which is not calculated based on actual harm the plaintiff has suffered. These are called "punitive damages" and serve the purpose of punishing and deterring wrongdoing.

You should be cognizant that courts in Wells, Maine are not especially fond of authorizing punitive damages, because they view it as a financial windfall that generally runs counter to civil litigation's primary purpose of compensating victims of wrongdoing for the harm they've suffered. However, if the conduct of the defendant was completely reprehensible and the harm caused was deliberate, a court might impose damages to punish the defendant, known as "punitive damages."

Conduct that can give rise to punitive damages in Wells, Maine

Mostly personal injury cases in Wells, Maine involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for instance). In Wells, Maine, this is not enough to justify the award of punitive damages.

Punitive damages in Wells, Maine are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Wells, Maine courts will consider several factors in considering whether or not to award punitive damages. For instance, the court might employ a sliding scale that weighs the immorality of the defendant's conduct against the actual harm that it caused to the plaintiff, and calculate damages accordingly.

You should be cognizant of the fact that there are some pretty severe limits on punitive damages in Wells, Maine. The U.S. Supreme Court has found that there are constitutional limits on punitive damage awards. Punitive damages can't be too disproportionate to the actual damages that the plaintiff has suffered. Appeals courts have found that excessive punitive damage awards violate the defendant's right to due process, by depriving them of large amounts of property.

Punitive damages in Wells, Maine usually 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 Maine 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 Wells, Maine Attorney Help?

In Wells, Maine, there are a basically unlimited number of situtations in which punitive damages can be awarded.

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