Litigation Lawyers in Hoopeston
In Hoopeston, 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 Hoopeston, Illinois will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is recognized as "punitive damages."
Courts in Hoopeston, 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 Hoopeston, Illinois
Generally personal injury cases in Hoopeston, Illinois involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for example). In Hoopeston, Illinois, this is not enough to justify the award of punitive damages.
Punitive damages in Hoopeston, Illinois are not granted in many cases. They are only awarded when the defendant's actions 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 Hoopeston, Illinois will be considered. Additionally, 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.
There are limits on punitive damages in Hoopeston, Illinois. 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.
Typically, in Hoopeston, Illinois, 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 Illinois have found much smaller awards to be invalid, and upheld much larger awards.
How Can a Hoopeston, Illinois Attorney Help?
In Hoopeston, Illinois, judges and juries have a good deal of leeway in deciding if they want to grant punitive damages, so there are a nearly-unlimited number of situations that can lead to a punitive damage award.
If you are immersed in a case in Hoopeston, Illinois where punitive damages are a possibility, a very large amount of money could be at stake, whether you are the plaintiff or defendant. You should not hesitate to speak with a civil litigation attorney in Hoopeston, Illinois