Litigation Lawyers in Chicago
In Chicago, Illinois, the civil litigation system is mainly concerned with compensating the victims of wrongdoing, rather than punishing the wrongdoers, or casting moral blame upon them.
Of course, there are exceptions to this rule. In Chicago, Illinois, courts will, in fairly rare cases, require defendants to pay plaintiffs sums of money which aren't calculated by the actual harm and costs the plaintiff has incurred. Instead, these "punitive damages," as they are called, are meant to punish and deter wrongdoing.
It's critical to note that courts in Chicago, Illinois prefer not to grant punitive damages. This is because the civil justice system is designed mainly to compensate the victims of wrongdoing. Nonetheless, there are some cases where the defendant's conduct was so immoral and evil that civil courts have an interest in making them pay further damages, going above and beyond what's needed to compensate the victim, in order to serve as a deterrent.
Conduct that can give rise to punitive damages in Chicago, Illinois
Mostly personal injury cases in Chicago, Illinois involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for instance). In Chicago, Illinois, this is not enough to justify the award of punitive damages.
Punitive damages in Chicago, Illinois 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 Chicago, Illinois 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.
You should be cognizant of the fact that there are some pretty severe limits on punitive damages in Chicago, Illinois. The U.S. Supreme Court has found that there are constitutional limits on punitive damage awards. Punitive damages can't be too disproportionate to the actual damages that the plaintiff has suffered. Appeals courts have found that excessive punitive damage awards violate the defendant's right to due process, by depriving them of large amounts of property.
Punitive damages in Chicago, Illinois usually cannot surpass 10 times the amount of actual damages suffered by the plaintiff. Nonetheless, this is just a guideline, and not a strict rule. Courts in Illinois have found larger punitive damage awards to be perfectly valid, and smaller ones to be invalid. This will be strongly dependent on the facts of each case.
How Can a Chicago, Illinois Attorney Help?
In Chicago, Illinois, there are a basically unlimited number of situtations in which punitive damages can be awarded.
If you are involved in a case in Chicago, Illinois that you believe might entitle you to punitive damages, a lot of money could be at stake. So, if you want to pursue your legal remedies, you should see a Chicago, Illinois civil litigation attorney as soon as possible.