Litigation Lawyers in Gary
In Gary, 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 Gary, Indiana will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is identified as "punitive damages."
It's crucial to note that courts in Gary, 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 Gary, Indiana
Typically personal injury cases in Gary, Indiana do not involve punitive damages, because the defendant did not intend to cause harm, or act with some other form of malice. Alternatively, 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 Gary, Indiana.
Punitive Damages in Gary, Indiana are only awarded in cases where the behavior of the plaintiff was intentional and highly immoral, or extremely reckless. In Gary, Indiana, 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.
There are limits on punitive damages in Gary, 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.
A good rule of thumb for calculating the upper limit of punitive damages in Gary, Indiana is that punitive damages can be no larger than compensatory damages times ten. This rule is not absolute, of course. Courts in Indiana 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 Gary, Indiana Attorney Help?
In Gary, Indiana, there are a large number of cases 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 Gary, Indiana 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 Gary, Indiana.
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