Litigation Lawyers in Auburn
In Auburn, Indiana, 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 Auburn, Indiana will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is recognized as "punitive damages."
It's crucial to note that courts in Auburn, Indiana 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 Auburn, Indiana
A majority of personal injury litigation actions in Auburn, Indiana do not involve the possibility of punitive damages, because they normally involve injuries where the defendant is at fault for the harm caused, but did not intend to do any harm. In Auburn, Indiana, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.
Punitive damages in Auburn, Indiana 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 Auburn, Indiana 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 Auburn, Indiana. 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.
In Auburn, Indiana, punitive damage awards are usually (but not always) capped at 10 times the amount awarded in compensatory damages. Remember, however, that this is just a general rule of thumb, and is not completely rigid. In Indiana, appeals courts have a good deal of discretion in deciding if a punitive damage award is valid or invalid. Much larger awards have been upheld, and smaller awards have been overturned. The validity of a particular punitive damage award will depend heavily on the facts of each case.
How Can a Auburn, Indiana Attorney Help?
Auburn, Indiana's courts have wide discretion in awarding punitive damages. Accordingly, it is impractical to comprehensively discuss all the situations in which punitive damages can arise.
If you live in Auburn, Indiana and are immersed in a case that you believe carries the possibility of a punitive damage award, you may be entitled to a large amount of money from the person or company that harmed you. To know for sure, you should speak with a civil litigation attorney in Auburn, Indiana.