Litigation Lawyers in Monticello
In Monticello, 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 Monticello, Indiana will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is recognized as "punitive damages."
You should be cognizant that courts in Monticello, Indiana are not especially fond of authorizing punitive damages, because they view it as a financial windfall that generally runs counter to civil litigation's primary purpose of compensating victims of wrongdoing for the harm they've suffered. However, if the conduct of the defendant was completely reprehensible and the harm caused was deliberate, a court might impose damages to punish the defendant, known as "punitive damages."
Conduct that can give rise to punitive damages in Monticello, Indiana
Generally personal injury cases in Monticello, Indiana involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for instance). In Monticello, Indiana, this is not enough to justify the award of punitive damages.
In Monticello, Indiana, punitive damages are not awarded in most cases. They are usually only awarded when the defendant's behavior was so reckless or deplorable that punishment of the defendant is warranted. Acts such as battery, fraud, and defamation (in some cases) are usually considered sufficient in Monticello, Indiana to justify punitive damages. In deciding whether to award punitive damages, and how much to award, the two most important factors the court looks at will be the level of immorality of the act, as well as the actual harm that the plaintiff suffered as a result of the defendant's conduct.
It's necessary to note that in Monticello, 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.
Typically, in Monticello, Indiana, punitive damage awards that exceed the actual damages (those awarded to directly compensate the plaintiff) by a factor of 10. This is not an absolute rule, nonetheless, and is applied on a case-by-case basis. Courts in Indiana have found much smaller awards to be invalid, and upheld much larger awards.
How Can a Monticello, Indiana Attorney Help?
In Monticello, 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 situations that can lead to a punitive damage award.
If you are immersed in a case in Monticello, Indiana that you believe might entitle you to punitive damages, a lot of money could be at stake. Therefore, if you want to pursue your legal remedies, you should see a Monticello, Indiana civil litigation attorney as soon as possible.