Suing for Punitive Damages in Columbiana
In Columbiana, Alabama, the civil litigation system is primarily concerned with compensating the victims of wrongdoing, rather than punishing the wrongdoers, or casting moral blame upon them.
However, this general principle has a major exception. In rare cases, a Columbiana, Alabama judge or jury can award damages to the plaintiff that are not calculated by the actual losses suffered. Instead, they serve the purpose of punishing the defendant, and deterring others from wrongdoing. These are called "punitive damages."
Courts in Columbiana, Alabama do not grant punitive damages in most cases. The civil litigation system is geared against granting financial windfalls to civil plaintiffs. But, there are rare cases, where the defendant has done something to the plaintiff that is so morally reprehensible, that society's interest in punishing the defendant and deterring similar misconduct outweighs the civil justice system's preference against punitive damages.
Conduct that can give rise to punitive damages in Columbiana, Alabama
Personal injury litigation doesn't typically carry with it the possibility of punitive damages in Columbiana, Alabama, 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 Columbiana, Alabama.
Punitive damages in Columbiana, Alabama are not granted in many cases. They are only awarded when the defendant's behavior was so deplorable and deliberate (but not necessarily criminal) that punishment is warranted. Fraud, battery, conversion (theft) and other intentional, insidious acts are usually required before punitive damages in Columbiana, Alabama will be considered. Moreover, in deciding how much to award in punitive damages, a court will consider 2 main factors: the insidious nature of the defendant's conduct, and the actual harm that the plaintiff suffered as a result.
However, in Columbiana, Alabama, the law places limits on punitive damages. The U.S. Supreme Court has ruled many times that punitive damages cannot be grossly disproportionate to the evil nature of the conduct, and the injuries that the defendant suffered. If they are disproportionate, punitive damages might be considered a deprivation of the defendant's right to due process of law.
Punitive damages in Columbiana, Alabama typically cannot exceed 10 times the amount of actual damages suffered by the plaintiff. However, this is just a guideline, and not a strict rule. Courts in Alabama have found larger punitive damage awards to be perfectly valid, and smaller ones to be invalid. This will be highly dependent on the facts of each case.
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In Columbiana, Alabama, 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 Columbiana, Alabama 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 Columbiana, Alabama civil litigation attorney as soon as possible.