Suing for Punitive Damages in Overland Park

Find the right Litigation attorney in Overland Park, KS

Litigation Lawyers in Overland Park

In Overland Park, Kansas, 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 a major exception to this rule, however. In limited circumstances, courts in Overland Park, Kansas will order a defendant to pay the plaintiff damages which are not directly tied to any harm sustained 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 Overland Park, Kansas are not awarded easily, because the civil justice system generally 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 Overland Park, Kansas

Personal injury litigation doesn't usually carry with it the possibility of punitive damages in Overland Park, Kansas, because mostly personal injury cases stem from harm that was caused accidentally, not deliberately. Accidental harm is not enough to warrant an award of punitive damages in Overland Park, Kansas.

Punitive damages in Overland Park, Kansas are not authorized in many cases. They are only awarded when the defendant's conduct 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 Overland Park, Kansas will be considered. Furthermore, 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.

There are limits on punitive damages in Overland Park, Kansas. 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.

Generally, in Overland Park, Kansas, 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 Kansas have found much smaller awards to be invalid, and upheld much larger awards.

How Can a Overland Park, Kansas Attorney Help?

In Overland Park, Kansas, 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 circumstances that can lead to a punitive damage award.

If you are involved in a case in Overland Park, 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 delay to speak with a civil litigation attorney in Overland Park, Kansas

Talk to a Law Attorney now!

Life in Overland Park

Overland is Kansas's second most populated city, and its largest suburb. Naturally, it would offer many attractions for its residents and tourists. Some of the most popular attractions include the Overland Park Arboretum and Botanical Gardens, the Convention Center, and Indian Creek Greenway. To experience some exciting night light and great restaurants, residents and tourists visit Touche, and the Farmers Market.

An interesting fact about Overland is that was ranked in the top of CNN/Money and Money Magazine's 100 Best Cities to Live in the United States. One of the reasons is the city's great community feel and unified spirit. Another reason for this is that Overland is very diverse, including Afrian Americans, Caucasians, Native Americans, Asians, and Pacific Islanders in its population. Many of the people are married couples and have a nuclear family.

Overland is also home to many large companies, such as YRC Worldwide, Waddell and Reed, Black and Veatch, Ferrellgas, and Examinetics. There are also many small law firms in Overland, where competent attorneys provide legal services in practically all areas of practice. The best part is these attorneys provide their clients with personalized legal services, yielding excellent results.

Clients Rate LegalMatch Attorneys
(click to read reviews)

Howard B.
Howard B.

Business - Litigation

Rye Brook, NY

Mark B.
Mark B.

Business - Litigation

Roseland, NJ

David A.
David A.

Business - Litigation

Walnut Creek, CA

Gotham Light