Litigation Lawyers in Milford
In Milford, Delaware, the civil litigation system is primarily concerned with compensating the victims of wrongdoing, rather than punishing the wrongdoers, or casting moral blame upon them.
This general principle is subject to an important exception, however. There are cases where a judge in Milford, Delaware 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 Milford, Delaware, punitive damages are not awarded in many cases. This is because the civil litigation system strongly disfavors giving money to plaintiffs in amounts disproportionate to the injuries they have suffered. However, 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 Milford, Delaware
A majority of personal injury litigation actions in Milford, Delaware do not involve the possibility of punitive damages, because they typically involve injuries where the defendant is at fault for the harm caused, but did not intend to do any harm. In Milford, Delaware, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.
Punitive damages in Milford, Delaware are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Milford, Delaware courts will consider various factors in considering whether or not to award punitive damages. For example, the court might employ a sliding scale that weighs the immorality of the defendant's behavior against the actual harm that it caused to the plaintiff, and calculate damages accordingly.
However, in Milford, Delaware, the law places limits on punitive damages. The U.S. Supreme Court has ruled many 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.
Punitive damages in Milford, Delaware typically cannot exceed 10 times the amount of actual damages suffered by the plaintiff. However, this is just a guideline, and not a strict rule. Courts in Delaware have found larger punitive damage awards to be perfectly valid, and smaller ones to be invalid. This will be highly dependent on the facts of each case.
How Can a Milford, Delaware Attorney Help?
In Milford, Delaware, there are a virtually unlimited number of situtations in which punitive damages can be awarded.
If you are engaged in a case in Milford, Delaware that you believe might entitle you to punitive damages, a lot of money could be at stake. Thus, if you want to pursue your legal remedies, you should see a Milford, Delaware civil litigation attorney as soon as possible.