Litigation Lawyers in Larned
In Larned, 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 situations, courts in Larned, 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 Larned, Kansas are not awarded lightly, because the civil justice system typically 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 Larned, Kansas
Generally personal injury cases in Larned, Kansas involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for example). In Larned, Kansas, this is not enough to justify the award of punitive damages.
Punitive damages in Larned, Kansas are not granted in many cases. They are only awarded when the defendant's actions was so deplorable and deliberate (but not necessarily criminal) that punishment is warranted. Fraud, battery, conversion (theft) and other intentional, insidious acts are usually required before punitive damages in Larned, Kansas will be considered. Additionally, in deciding how much to award in punitive damages, a court will consider 2 main factors: the insidious nature of the defendant's conduct, and the actual harm that the plaintiff suffered as a result.
You should be aware of the fact that there are some pretty severe limits on punitive damages in Larned, Kansas. The U.S. Supreme Court has found that there are constitutional limits on punitive damage awards. Punitive damages can't be too disproportionate to the actual damages that the plaintiff has suffered. Appeals courts have found that excessive punitive damage awards violate the defendant's right to due process, by depriving them of massive amounts of property.
Punitive damages in Larned, Kansas normally cannot exceed 10 times the amount of actual damages suffered by the plaintiff. However, this is just a guideline, and not a strict rule. Courts in Kansas have found larger punitive damage awards to be perfectly valid, and smaller ones to be invalid. This will be highly dependent on the facts of each case.
How Can a Larned, Kansas Attorney Help?
The law of Larned, Kansas doesn't lay out many strict conditions which are required before punitive damages can be granted. Instead, it largely leaves it to the discretion of the courts. So, there are many situations where they might be awarded.
If you are immersed in a case in Larned, Kansas where punitive damages are a possibility, a very large amount of money could be at stake, whether you are the plaintiff or defendant. You should not hesitate to speak with a civil litigation attorney in Larned, Kansas