Suing for Punitive Damages in Windham

Find the right Litigation attorney in Windham, CT

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Litigation Lawyers in Windham

In Windham, 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 Windham, 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 Windham, 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 Windham, Connecticut

The vast majority of personal injury lawsuits in Windham, Connecticut 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 Windham, Connecticut.

Punitive damages in Windham, Connecticut are not authorized in many cases. They are only awarded when the defendant's conduct 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 Windham, Connecticut will be considered. Furthermore, 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.

Nonetheless, in Windham, Connecticut, the law places limits on punitive damages. The U.S. Supreme Court has ruled numerous 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.

In Windham, Connecticut, punitive damage awards are typically (but not always) capped at 10 times the amount awarded in compensatory damages. Remember, however, that this is just a basic rule of thumb, and is not completely rigid. In Connecticut, appeals courts have a good deal of discretion in deciding if a punitive damage award is valid or invalid. Much larger awards have been upheld, and smaller awards have been overturned. The validity of a specific punitive damage award will depend heavily on the facts of each case.

How Can a Windham, Connecticut Attorney Help?

In Windham, Connecticut, there are a large variety of situations in which punitive damages are appropriate, because the decision to grant punitive damages is largely up to the discretion of the jury.

If you have been injured in Windham, Connecticut and you think punitive damages might be justified, a large amount of money might be at stake. For that reason, you should not delay to consult a civil litigation attorney in Windham, Connecticut.

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Life in Windham

Home to almost 25,000 residents, beautiful Windham, Connecticut encompasses 27.9 square miles. Windham is a town that contains the city of Willmantic and the villages and North ad South Windham. The city was incorporated in 1692 and has been thriving ever since.

Windham was named after Wyndham, England -- a town in England. Windham is a city with a lot of historic charm and has many places on the National Register of Historic Places. Windham was also home to many notable residents and is a town where the residents take lots of pride in living there.

In addition to history, Windham is a city with a great professional community. From lawyers, doctors, and accountants, the city attracts some of the best in the business. Windham lawyers are skilled in a wide range of practice areas and are always available to serve their local client with any legal issue he or she may be confronted with. If you are looking for a great lawyer in Connecticut, then look no further than the charming city of Windham.

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