Suing for Punitive Damages in Conway
In Conway, Arkansas, 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 Conway, Arkansas 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 Conway, Arkansas 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 Conway, Arkansas
A majority of personal injury litigation actions in Conway, Arkansas do not involve the possibility of punitive damages, because they normally involve injuries where the defendant is at fault for the harm caused, but did not intend to do any harm. In Conway, Arkansas, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.
Punitive damages in Conway, Arkansas are not granted in many cases. They are only awarded when the defendant's actions 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 Conway, Arkansas will be considered. Additionally, 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 Conway, Arkansas, the law places limits on punitive damages. The U.S. Supreme Court has ruled several 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 Conway, Arkansas normally 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 Arkansas 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 Conway, 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 situations that can lead to a punitive damage award.
If you are immersed in a case in Conway, Arkansas 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 a Conway, Arkansas civil litigation attorney as soon as possible.