Litigation Lawyers in Roscoe
In Roscoe, 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 Roscoe, Illinois will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is known as "punitive damages."
It's essential to note that courts in Roscoe, 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 Roscoe, Illinois
Mostly personal injury cases in Roscoe, Illinois involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for example). In Roscoe, Illinois, this is not enough to justify the award of punitive damages.
Punitive damages in Roscoe, Illinois are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Roscoe, Illinois courts will consider several factors in considering whether or not to award punitive damages. For example, the court might employ a sliding scale that weighs the immorality of the defendant's conduct against the actual harm that it caused to the plaintiff, and calculate damages accordingly.
It's essential to note that in Roscoe, 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.
A good rule of thumb for calculating the upper limit of punitive damages in Roscoe, 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 Roscoe, Illinois Attorney Help?
In Roscoe, Illinois, there are an essentially unlimited number of situtations in which punitive damages can be awarded.
If you have been injured in Roscoe, Illinois and you think punitive damages might be justified, a large amount of money might be at stake. For that reason, you should not hesitate to consult a civil litigation attorney in Roscoe, Illinois.