Suing for Punitive Damages in Roanoke

Punitive Damages in Roanoke, Punitive Damages in  AL

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In Roanoke, 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 Roanoke, 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 essential to note that courts in Roanoke, 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 Roanoke, Alabama

The vast majority of personal injury lawsuits in Roanoke, Alabama involve cases 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 Roanoke, Alabama.

Punitive Damages in Roanoke, Alabama are only awarded in cases where the behavior of the plaintiff was intentional and highly immoral, or extremely reckless. In Roanoke, Alabama, 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 essential to know that punitive damages in Roanoke, 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.

Usually, in Roanoke, Alabama, 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 Alabama have found much smaller awards to be invalid, and upheld much larger awards.

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How Can a Roanoke, Alabama Attorney Help?

In Roanoke, 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 live in Roanoke, Alabama and are engaged in a case that you believe carries the possibility of a punitive damage award, you may be entitled to a large amount of money from the person or company that hurt you. To know for sure, you should speak with a civil litigation attorney in Roanoke, Alabama.

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