Litigation Lawyers in Old Lyme
In Old Lyme, Connecticut, the civil litigation system is mainly concerned with compensating the victims of wrongdoing, rather than punishing the wrongdoers, or casting moral blame upon them.
This basic principle is subject to an significant exception, however. There are cases where a judge in Old Lyme, Connecticut will order a defendant to pay the plaintiff a sum of money which is not calculated based on actual harm the plaintiff has suffered. These are called "punitive damages" and serve the purpose of punishing and deterring wrongdoing.
In Old Lyme, Connecticut, punitive damages are not awarded in many cases. This is because the civil litigation system highly disfavors giving money to plaintiffs in amounts disproportionate to the injuries they have suffered. Nonetheless, in some cases, the conduct of the defendant is so reprehensible, that simply punishing the defendant is a worthy goal, and this interest outweighs the preference against giving civil plaintiffs financial windfalls.
Conduct that can give rise to punitive damages in Old Lyme, Connecticut
The vast majority of personal injury lawsuits in Old Lyme, Connecticut involve instances 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 Old Lyme, Connecticut.
Punitive Damages in Old Lyme, Connecticut are only awarded in cases where the actions of the plaintiff was intentional and highly immoral, or extremely reckless. In Old Lyme, Connecticut, torts such as fraud, gross negligence, and theft are sufficient to award punitive damages. Courts consider numerous factors when deciding whether or not punitive damages are warranted. Courts will look at the nature of the act, as well as the defendant's intent in performing the act. This will be weighed, on a sliding scale, against the actual harm that the defendant's conduct caused to the plaintiff.
You should be cognizant of the fact that there are some pretty severe limits on punitive damages in Old Lyme, Connecticut. The U.S. Supreme Court has found that there are constitutional limits on punitive damage awards. Punitive damages can't be too disproportionate to the actual damages that the plaintiff has suffered. Appeals courts have found that excessive punitive damage awards violate the defendant's right to due process, by depriving them of massive amounts of property.
In general, punitive damages in Old Lyme, Connecticut 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 Connecticut 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 Old Lyme, Connecticut Attorney Help?
The law of Old Lyme, Connecticut doesn't lay out many strict conditions which are necessary before punitive damages can be authorized. Instead, it largely leaves it to the discretion of the courts. So, there are numerous situations where they might be awarded.
If you are located in Old Lyme, Connecticut, and are immersed 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 a Old Lyme, Connecticut civil litigation attorney