Litigation Lawyers in Cheshire
In Cheshire, Connecticut, 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 situations, courts in Cheshire, Connecticut 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 Cheshire, Connecticut 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 Cheshire, Connecticut
Personal injury litigation doesn't normally carry with it the possibility of punitive damages in Cheshire, Connecticut, because generally personal injury cases stem from harm that was caused accidentally, not deliberately. Accidental harm is not enough to warrant an award of punitive damages in Cheshire, Connecticut.
In Cheshire, Connecticut, punitive damages are only awarded in extreme situations. 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 Cheshire, Connecticut will consider many different factors. Normally, 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 note that in Cheshire, Connecticut, 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.
In general, punitive damages in Cheshire, Connecticut 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 Connecticut 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 Cheshire, Connecticut Attorney Help?
In Cheshire, Connecticut, 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 live in Cheshire, Connecticut and are immersed 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 harmed you. To know for sure, you should speak with a civil litigation attorney in Cheshire, Connecticut.