Litigation Lawyers in Morrison
In Morrison, 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 Morrison, Illinois will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is identified as "punitive damages."
Courts in Morrison, 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 Morrison, Illinois
Personal injury litigation doesn't typically carry with it the possibility of punitive damages in Morrison, Illinois, because typically 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 Morrison, Illinois.
Punitive damages in Morrison, Illinois are not granted in many cases. They are only awarded when the defendant's behavior 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 Morrison, Illinois will be considered. Moreover, 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.
It's essential to note that in Morrison, 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.
Usually, in Morrison, 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 Morrison, Illinois Attorney Help?
In Morrison, 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 cases that can lead to a punitive damage award.
If you are engaged in a case in Morrison, 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 Morrison, Illinois