Litigation Lawyers in Eudora
In Eudora, Kansas, 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 a major exception to this rule, however. In limited cases, courts in Eudora, Kansas will order a defendant to pay the plaintiff damages which are not directly tied to any harm suffered by the plaintiff. Rather, these damages, which are known as "punitive damages", are meant to punish the wrongdoer, and serve as a deterrent.
Punitive Damages in Eudora, Kansas are not awarded lightly, because the civil justice system usually disfavors giving plaintiffs financial windfalls not directly related to compensating them for their injuries. They are usually only awarded when the conduct of the defendant is morally reprehensible, and far worse than simple carelessness.
Conduct that can give rise to punitive damages in Eudora, Kansas
Typically personal injury cases in Eudora, Kansas involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for example). In Eudora, Kansas, this is not enough to justify the award of punitive damages.
Punitive Damages in Eudora, Kansas are only awarded in cases where the behavior of the plaintiff was intentional and highly immoral, or extremely reckless. In Eudora, Kansas, 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.
It's essential to know that punitive damages in Eudora, Kansas 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 suffered by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government taking property from the defendant without due process of law.
In Eudora, Kansas, punitive damage awards are normally (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 Kansas, 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 Eudora, Kansas Attorney Help?
In Eudora, Kansas, there are a essentially unlimited number of situtations in which punitive damages can be awarded.
If you live in Eudora, Kansas and are engaged 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 hurt you. To know for sure, you should speak with a civil litigation attorney in Eudora, Kansas.