Litigation Lawyers in Orange Beach
In Orange Beach, 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, an Orange Beach, 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."
It's crucial to note that courts in Orange Beach, Alabama prefer not to grant punitive damages. This is because the civil justice system is designed primarily to compensate the victims of wrongdoing. However, there are some cases where the defendant's conduct was so immoral and evil that civil courts have an interest in making them pay additional damages, going above and beyond what's needed to compensate the victim, in order to serve as a deterrent.
Conduct that can give rise to punitive damages in Orange Beach, Alabama
The vast majority of personal injury lawsuits in Orange Beach, Alabama involve instances in which the defendant did not intend to harm the plaintiff, but did so through carelessness. This is not enough to award punitive damages in Orange Beach, Alabama.
In Orange Beach, Alabama, 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 Orange Beach, Alabama 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 crucial to know that punitive damages in Orange Beach, Alabama 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 Orange Beach, Alabama, punitive damage awards are usually (but not always) capped at 10 times the amount awarded in compensatory damages. Remember, however, that this is just a general rule of thumb, and is not completely rigid. In Alabama, appeals courts have a good deal of discretion in deciding if a punitive damage award is valid or invalid. Much larger awards have been upheld, and smaller awards have been overturned. The validity of a particular punitive damage award will depend heavily on the facts of each case.
How Can a Orange Beach, Alabama Attorney Help?
In Orange Beach, Alabama, there are a large number of cases in which punitive damages are appropriate, because the decision to grant punitive damages is largely up to the discretion of the jury.
If you are immersed in a case in Orange Beach, Alabama that you believe might entitle you to punitive damages, a lot of money could be at stake. Therefore, if you want to pursue your legal remedies, you should see an Orange Beach, Alabama civil litigation attorney as soon as possible.