Litigation Lawyers in Tell City
In Tell City, 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 Tell City, Indiana will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is identified as "punitive damages."
You should be cognizant that courts in Tell City, 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 Tell City, Indiana
A majority of personal injury litigation actions in Tell City, Indiana do not involve the possibility of punitive damages, because they typically involve injuries where the defendant is at fault for the harm caused, but did not intend to do any harm. In Tell City, Indiana, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.
In Tell City, Indiana, punitive damages are not awarded in most cases. They are normally only awarded when the defendant's actions 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 Tell City, 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 essential to know that punitive damages in Tell City, Indiana are subject to limits. The Supreme Court of the United States has held, more than once, that punitive damages can't be grossly disproportionate to the actual harm sustained by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government acquiring property from the defendant without due process of law.
In general, punitive damages in Tell City, 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 Tell City, Indiana Attorney Help?
In Tell City, Indiana, 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 are engaged in a case in Tell City, Indiana that you believe might entitle you to punitive damages, a lot of money could be at stake. Thus, if you want to pursue your legal remedies, you should see a Tell City, Indiana civil litigation attorney as soon as possible.