Litigation Lawyers in Blytheville

In Blytheville, Arkansas, the civil litigation system is mainly concerned with compensating the victims of wrongdoing, rather than punishing the wrongdoers, or casting moral blame upon them.

Nonetheless, this general principle has a major exception. In rare cases, a Blytheville, Arkansas judge or jury can award damages to the plaintiff that are not calculated by the actual losses sustained. 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 Blytheville, Arkansas prefer not to grant punitive damages. This is because the civil justice system is designed mainly to compensate the victims of wrongdoing. Nonetheless, there are some cases where the defendant's conduct was so immoral and evil that civil courts have an interest in making them pay further 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 Blytheville, Arkansas

A majority of personal injury litigation actions in Blytheville, Arkansas do not involve the possibility of punitive damages, because they usually involve injuries where the defendant is at fault for the harm caused, but did not intend to do any harm. In Blytheville, Arkansas, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.

In Blytheville, Arkansas, punitive damages are only awarded in extreme circumstances. 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 Blytheville, Arkansas will consider many different factors. Usually, 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 essential to know that punitive damages in Blytheville, Arkansas 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 sustained by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government acquiring property from the defendant without due process of law.

In general, punitive damages in Blytheville, Arkansas cannot be more than 10 times larger than the actual damages sustained by the plaintiff. Nonetheless, this is not an absolute rule, and appeals courts in Arkansas have upheld much larger awards, and found much smaller awards to be invalid. It's decided on a case-by-case basis.

How Can a Blytheville, Arkansas Attorney Help?

In Blytheville, Arkansas, 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 live in Blytheville, Arkansas and are involved in a case that you believe carries the possibility of a punitive damage award, you may be entitled to a large amount of funds from the person or company that injured you. To know for sure, you should speak with a civil litigation attorney in Blytheville, Arkansas.