Litigation Lawyers in Kennesaw
In Kennesaw, Georgia, 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 Kennesaw, 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 aware that courts in Kennesaw, Georgia 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 Kennesaw, Georgia
Generally personal injury cases in Kennesaw, Georgia involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for example). In Kennesaw, Georgia, this is not enough to justify the award of punitive damages.
Punitive Damages in Kennesaw, Georgia are only awarded in cases where the actions of the plaintiff was intentional and highly immoral, or extremely reckless. In Kennesaw, 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.
It's crucial to know that punitive damages in Kennesaw, Georgia are subject to limits. The Supreme Court of the United States has held, more than once, that punitive damages can't be grossly disproportionate to the actual harm suffered by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government taking property from the defendant without due process of law.
Typically, in Kennesaw, Georgia, punitive damage awards that exceed the actual damages (those awarded to directly compensate the plaintiff) by a factor of 10. This is not an absolute rule, however, and is applied on a case-by-case basis. Courts in Georgia have found much smaller awards to be invalid, and upheld much larger awards.
How Can a Kennesaw, Georgia Attorney Help?
In Kennesaw, Georgia, there are a virtually unlimited number of situtations in which punitive damages can be awarded.
If you are located in Kennesaw, Georgia, 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 Kennesaw, Georgia civil litigation attorney