Litigation Lawyers in Frederick
In Frederick, Colorado, the civil litigation system is mainly 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 Frederick, Colorado will order a defendant to pay the plaintiff damages which are not directly tied to any harm sustained 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 cognizant that courts in Frederick, Colorado are not especially fond of authorizing 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 Frederick, Colorado
Mostly personal injury cases in Frederick, Colorado involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for instance). In Frederick, Colorado, this is not enough to justify the award of punitive damages.
Punitive damages in Frederick, Colorado are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Frederick, Colorado courts will consider several factors in considering whether or not to award punitive damages. For instance, the court might employ a sliding scale that weighs the immorality of the defendant's conduct against the actual harm that it caused to the plaintiff, and calculate damages accordingly.
It's important to note that in Frederick, Colorado, punitive damages are not unlimited. The Supreme Court has repeatedly held that punitive damages cannot be hugely disproportionate to the amount awarded to compensate the plaintiff for the actual injuries they suffered. If the punitive damages are extremely excessive, an appeals court might rule that they amount to a deprivation of property without due process of law, or a de facto criminal punishment, without affording the defendant the protections available in criminal cases.
Generally, in Frederick, Colorado, 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, nonetheless, and is applied on a case-by-case basis. Courts in Colorado have found much smaller awards to be invalid, and upheld much larger awards.
How Can a Frederick, Colorado Attorney Help?
In Frederick, Colorado, 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 are involved in a case in Frederick, Colorado that you believe might entitle you to punitive damages, a lot of money could be at stake. So, if you want to pursue your legal remedies, you should see a Frederick, Colorado civil litigation attorney as soon as possible.