Litigation Lawyers in Skokie
In Skokie, Illinois, civil litigation serves the main purpose of compensating individuals who have been victims of wrongdoing, and not meting out punishment, vengeance, or moral judgment.
There is an exception to this basic rule, however: in certain cases, a court in Skokie, Illinois will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is identified as "punitive damages."
It's important to note that courts in Skokie, Illinois prefer not to grant punitive damages. This is because the civil justice system is designed mainly to compensate the victims of wrongdoing. Nonetheless, there are some cases where the defendant's conduct was so immoral and evil that civil courts have an interest in making them pay further 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 Skokie, Illinois
Typically personal injury cases in Skokie, Illinois involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for instance). In Skokie, Illinois, this is not enough to justify the award of punitive damages.
Punitive Damages in Skokie, Illinois are only awarded in cases where the behavior of the plaintiff was intentional and highly immoral, or extremely reckless. In Skokie, Illinois, torts such as fraud, gross negligence, and theft are sufficient to award punitive damages. Courts consider numerous factors when deciding whether or not punitive damages are warranted. Courts will look at the nature of the act, as well as the defendant's intent in performing the act. This will be weighed, on a sliding scale, against the actual harm that the defendant's conduct caused to the plaintiff.
You should be cognizant of the fact that there are some pretty severe limits on punitive damages in Skokie, Illinois. The U.S. Supreme Court has found that there are constitutional limits on punitive damage awards. Punitive damages can't be too disproportionate to the actual damages that the plaintiff has suffered. Appeals courts have found that excessive punitive damage awards violate the defendant's right to due process, by depriving them of considerable amounts of property.
A good rule of thumb for calculating the upper limit of punitive damages in Skokie, 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 decide them based on the facts of each case. Because of this, punitive damage awards larger than 10 times compensatory damages are occasionally upheld, while much smaller awards have been overturned, because they were deemed excessive in a certain case.
How Can a Skokie, Illinois Attorney Help?
In Skokie, Illinois, there are a large variety of situations in which punitive damages are appropriate, because the decision to grant punitive damages is largely up to the discretion of the jury.
If you have been hurt in Skokie, Illinois and you think punitive damages might be justified, a large amount of money might be at stake. For that reason, you should not delay to consult a civil litigation attorney in Skokie, Illinois.