Litigation Lawyers in Snellville

In Snellville, 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 Snellville, 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 Snellville, 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 Snellville, Georgia

A majority of personal injury litigation actions in Snellville, Georgia 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 Snellville, Georgia, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.

In Snellville, Georgia, punitive damages are not awarded in most cases. They are normally only awarded when the defendant's actions was so reckless or deplorable that punishment of the defendant is warranted. Acts such as battery, fraud, and defamation (in some cases) are usually considered sufficient in Snellville, Georgia to justify punitive damages. In deciding whether to award punitive damages, and how much to award, the two most important factors the court looks at will be the level of immorality of the act, as well as the actual harm that the plaintiff suffered as a result of the defendant's conduct.

There are limits on punitive damages in Snellville, Georgia. The Supreme Court has held that punitive damage awards which are grossly disproportionate to the immorality of the conduct, and the harm that it caused, are an unconstitutional deprivation of property without due process of law.

Usually, in Snellville, 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 Snellville, Georgia Attorney Help?

The law of Snellville, Georgia doesn't lay out many strict conditions which are required before punitive damages can be granted. Instead, it largely leaves it to the discretion of the courts. So, there are several situations where they might be awarded.

If you live in Snellville, Georgia and are engaged in a case that you believe carries the possibility of a punitive damage award, you may be entitled to a large amount of money from the person or company that hurt you. To know for sure, you should speak with a civil litigation attorney in Snellville, Georgia.