Litigation Lawyers in Canton
In Canton, Georgia, 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 Canton, Georgia 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.
You should be cognizant that courts in Canton, Georgia 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 Canton, Georgia
The vast majority of personal injury lawsuits in Canton, Georgia 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 Canton, Georgia.
Punitive Damages in Canton, Georgia are only awarded in cases where the conduct of the plaintiff was intentional and highly immoral, or extremely reckless. In Canton, Georgia, 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.
Nonetheless, in Canton, Georgia, the law places limits on punitive damages. The U.S. Supreme Court has ruled various 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 general, punitive damages in Canton, Georgia 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 Georgia 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 Canton, Georgia Attorney Help?
The law of Canton, Georgia 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 various situations where they might be awarded.
If you live in Canton, Georgia and are involved in a case that you believe carries the possibility of a punitive damage award, you may be entitled to a large amount of funds from the person or company that injured you. To know for sure, you should speak with a civil litigation attorney in Canton, Georgia.