Litigation Lawyers in Harrisburg
In Harrisburg, Illinois, civil litigation serves the primary purpose of compensating people who have been victims of wrongdoing, and not meting out punishment, vengeance, or moral judgment.
There is an exception to this general rule, however: in some cases, a court in Harrisburg, Illinois will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is known as "punitive damages."
Courts in Harrisburg, Illinois do not grant punitive damages in most cases. The civil litigation system is geared against granting financial windfalls to civil plaintiffs. But, there are rare cases, where the defendant has done something to the plaintiff that is so morally reprehensible, that society's interest in punishing the defendant and deterring similar misconduct outweighs the civil justice system's preference against punitive damages.
Conduct that can give rise to punitive damages in Harrisburg, Illinois
Mostly personal injury cases in Harrisburg, Illinois involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for example). In Harrisburg, Illinois, this is not enough to justify the award of punitive damages.
In Harrisburg, Illinois, punitive damages are not awarded in most cases. They are typically only awarded when the defendant's conduct 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 Harrisburg, Illinois 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.
It's necessary to note that in Harrisburg, Illinois, punitive damages are not unlimited. The Supreme Court has repeatedly held that punitive damages cannot be hugely disproportionate to the amount awarded to compensate the plaintiff for the actual injuries they suffered. If the punitive damages are extremely excessive, an appeals court might rule that they amount to a deprivation of property without due process of law, or a de facto criminal punishment, without affording the defendant the protections available in criminal cases.
In general, punitive damages in Harrisburg, Illinois cannot be more than 10 times larger than the actual damages suffered by the plaintiff. However, this is not an absolute rule, and appeals courts in Illinois have upheld much larger awards, and found much smaller awards to be invalid. It's determined on a case-by-case basis.
How Can a Harrisburg, Illinois Attorney Help?
The law of Harrisburg, Illinois 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 are located in Harrisburg, Illinois, and are involved 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 Harrisburg, Illinois civil litigation attorney