Litigation Lawyers in Dyer

In Dyer, Indiana, 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 Dyer, Indiana will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is known as "punitive damages."

It's necessary to note that courts in Dyer, Indiana 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 Dyer, Indiana

Mostly personal injury cases in Dyer, Indiana do not involve punitive damages, because the defendant did not intend to cause harm, or act with some other form of malice. Instead, most of these cases involve situations where the defendant acted carelessly, but did not actually intend to cause harm. This is enough to award compensatory damages, but it is far from sufficient to award punitive damages in Dyer, Indiana.

In Dyer, Indiana, punitive damages are only awarded in extreme circumstances. Civil wrongs such as fraud, conversion (theft), battery, and other intentional, depraved acts are sufficient to award punitive damages. In deciding whether or not to award punitive damages, and how much money to award, courts in Dyer, Indiana will consider many different factors. Usually, they employ a sliding scale, weighing the nature of the conduct and the actual harm that the conduct caused. The more immoral the conduct, and/or the more harm caused, the more likely a court is to award punitive damages.

It's necessary to note that in Dyer, Indiana, 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.

In general, punitive damages in Dyer, Indiana cannot be more than 10 times larger than the actual damages sustained by the plaintiff. Nonetheless, this is not an absolute rule, and appeals courts in Indiana have upheld much larger awards, and found much smaller awards to be invalid. It's decided on a case-by-case basis.

How Can a Dyer, Indiana Attorney Help?

In Dyer, Indiana, 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 circumstances that can lead to a punitive damage award.

If you live in Dyer, Indiana and are involved in a case that you believe carries the possibility of a punitive damage award, you may be entitled to a large amount of funds from the person or company that injured you. To know for sure, you should speak with a civil litigation attorney in Dyer, Indiana.