Litigation Lawyers in Mascoutah
In Mascoutah, 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 Mascoutah, Illinois will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is known as "punitive damages."
Courts in Mascoutah, 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 Mascoutah, Illinois
Personal injury litigation doesn't usually carry with it the possibility of punitive damages in Mascoutah, Illinois, because mostly personal injury cases stem from harm that was caused accidentally, not deliberately. Accidental harm is not enough to warrant an award of punitive damages in Mascoutah, Illinois.
Punitive damages in Mascoutah, Illinois are not granted 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 Mascoutah, 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.
There are limits on punitive damages in Mascoutah, 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.
Generally, in Mascoutah, 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 Mascoutah, Illinois Attorney Help?
In Mascoutah, Illinois, there are a large number of cases in which punitive damages are appropriate, because the decision to grant punitive damages is largely up to the discretion of the jury.
If you are located in Mascoutah, 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 Mascoutah, Illinois civil litigation attorney