Litigation Lawyers in East Moline
In East Moline, Illinois, the civil litigation system is primarily 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 East Moline, Illinois, courts will, in relatively rare cases, require defendants to pay plaintiffs sums of money which aren't calculated by the actual harm and costs the plaintiff has incurred. Alternatively, these "punitive damages," as they are called, are meant to punish and deter wrongdoing.
It's critical to note that courts in East Moline, Illinois prefer not to grant punitive damages. This is because the civil justice system is designed primarily to compensate the victims of wrongdoing. However, there are some cases where the defendant's conduct was so immoral and evil that civil courts have an interest in making them pay additional 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 East Moline, Illinois
A majority of personal injury litigation actions in East Moline, Illinois 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 East Moline, Illinois, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.
In East Moline, Illinois, punitive damages are only awarded in extreme cases. Civil wrongs such as fraud, conversion (theft), battery, and other intentional, depraved acts are sufficient to award punitive damages. In deciding whether or not to award punitive damages, and how much money to award, courts in East Moline, Illinois will consider many different factors. Typically, they employ a sliding scale, weighing the nature of the conduct and the actual harm that the conduct caused. The more immoral the conduct, and/or the more harm caused, the more likely a court is to award punitive damages.
You should be aware of the fact that there are some pretty severe limits on punitive damages in East Moline, 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 considerable amounts of property.
A good rule of thumb for calculating the upper limit of punitive damages in East Moline, Illinois is that punitive damages can be no larger than compensatory damages times ten. This rule is not absolute, of course. Courts in Illinois have a good deal of discretion in awarding punitive damages, and will determine them based on the facts of each case. Because of this, punitive damage awards larger than 10 times compensatory damages are sometimes upheld, while much smaller awards have been overturned, because they were deemed excessive in a particular case.
How Can a East Moline, Illinois Attorney Help?
In East Moline, Illinois, there are a virtually unlimited number of situtations in which punitive damages can be awarded.
If you are located in East Moline, Illinois, and are engaged 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 an East Moline, Illinois civil litigation attorney