Litigation Lawyers in Englewood
In Englewood, Colorado, the civil litigation system is primarily concerned with compensating the victims of wrongdoing, rather than punishing the wrongdoers, or casting moral blame upon them.
There is a major exception to this rule, however. In limited circumstances, courts in Englewood, Colorado will order a defendant to pay the plaintiff damages which are not directly tied to any harm suffered by the plaintiff. Rather, these damages, which are known as "punitive damages", are meant to punish the wrongdoer, and serve as a deterrent.
You should be aware that courts in Englewood, Colorado are not particularly fond of granting punitive damages, because they view it as a financial windfall that generally runs counter to civil litigation's primary purpose of compensating victims of wrongdoing for the harm they've suffered. However, if the conduct of the defendant was completely reprehensible and the harm caused was deliberate, a court might impose damages to punish the defendant, known as "punitive damages."
Conduct that can give rise to punitive damages in Englewood, Colorado
The vast majority of personal injury lawsuits in Englewood, Colorado involve situations 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 Englewood, Colorado.
In Englewood, Colorado, punitive damages are not awarded in most cases. They are typically only awarded when the defendant's conduct was so reckless or deplorable that punishment of the defendant is warranted. Acts such as battery, fraud, and defamation (in some cases) are usually considered sufficient in Englewood, Colorado to justify punitive damages. In deciding whether to award punitive damages, and how much to award, the two most important factors the court looks at will be the level of immorality of the act, as well as the actual harm that the plaintiff suffered as a result of the defendant's conduct.
It's essential to know that punitive damages in Englewood, Colorado 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 general, punitive damages in Englewood, Colorado cannot be more than 10 times larger than the actual damages suffered by the plaintiff. However, this is not an absolute rule, and appeals courts in Colorado have upheld much larger awards, and found much smaller awards to be invalid. It's determined on a case-by-case basis.
How Can a Englewood, Colorado Attorney Help?
Englewood, Colorado's courts have wide discretion in awarding punitive damages. Accordingly, it is impossible to comprehensively discuss all the situations in which punitive damages can arise.
If you are located in Englewood, Colorado, and are involved in a case that you think, based on the information conveyed above, that might have punitive damages as an option, you can't be sure what, if anything, you're entitled to from the defendant until you consult with an Englewood, Colorado civil litigation attorney