Litigation Lawyers in Erie
In Erie, Pennsylvania, civil litigation is not meant to punish wrongdoers, at least that is not its primary purpose. Rather, it is designed to ensure that the victims of wrongdoing are given compensation for the harm they've suffered.
There is an exception to this general rule, however: in some cases, a court in Erie, Pennsylvania will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is known as "punitive damages."
You should be aware that courts in Erie, Pennsylvania are not particularly fond of granting 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 Erie, Pennsylvania
Personal injury litigation doesn't usually carry with it the possibility of punitive damages in Erie, Pennsylvania, because mostly 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 Erie, Pennsylvania.
Punitive Damages in Erie, Pennsylvania are only awarded in cases where the conduct of the plaintiff was intentional and highly immoral, or extremely reckless. In Erie, Pennsylvania, torts such as fraud, gross negligence, and theft are sufficient to award punitive damages. Courts consider numerous factors when deciding whether or not punitive damages are warranted. Courts will look at the nature of the act, as well as the defendant's intent in performing the act. This will be weighed, on a sliding scale, against the actual harm that the defendant's conduct caused to the plaintiff.
It's necessary to know that punitive damages in Erie, Pennsylvania 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.
Generally, in Erie, Pennsylvania, punitive damage awards that exceed the actual damages (those awarded to directly compensate the plaintiff) by a factor of 10. This is not an absolute rule, however, and is applied on a case-by-case basis. Courts in Pennsylvania have found much smaller awards to be invalid, and upheld much larger awards.
How Can a Erie, Pennsylvania Attorney Help?
In Erie, Pennsylvania, 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 circumstances that can lead to a punitive damage award.
If you are involved in a case in Erie, Pennsylvania where punitive damages are a possibility, a very large amount of money could be at stake, whether you are the plaintiff or defendant. You should not hesitate to speak with a civil litigation attorney in Erie, Pennsylvania
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