Suing for Punitive Damages in Florence

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Litigation Lawyers in Florence

In Florence, Kentucky, 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 Florence, Kentucky 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.

It's critical to note that courts in Florence, Kentucky prefer not to grant punitive damages. This is because the civil justice system is designed primarily to compensate the victims of wrongdoing. However, there are some cases where the defendant's conduct was so immoral and evil that civil courts have an interest in making them pay additional damages, going above and beyond what's needed to compensate the victim, in order to serve as a deterrent.

Conduct that can give rise to punitive damages in Florence, Kentucky

The vast majority of personal injury lawsuits in Florence, Kentucky involve instances in which the defendant did not intend to harm the plaintiff, but did so through carelessness. This is not enough to award punitive damages in Florence, Kentucky.

Punitive damages in Florence, Kentucky 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 Florence, Kentucky 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.

It's critical to note that in Florence, Kentucky, 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.

In general, punitive damages in Florence, Kentucky cannot be more than 10 times larger than the actual damages suffered by the plaintiff. However, this is not an absolute rule, and appeals courts in Kentucky have upheld much larger awards, and found much smaller awards to be invalid. It's determined on a case-by-case basis.

How Can a Florence, Kentucky Attorney Help?

Florence, Kentucky's courts have wide discretion in awarding punitive damages. Accordingly, it is impractical to comprehensively discuss all the situations in which punitive damages can arise.

If you are located in Florence, Kentucky, and are immersed in a case that you think, based on the information conveyed above, that might have punitive damages as an option, you can't be sure what, if anything, you're entitled to from the defendant until you consult with a Florence, Kentucky civil litigation attorney

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Life in Florence

Florence, Kentucky is a city of approximately 30,000 located in Boone County, Kentucky. The area now known as Florence was originally called "Crossroads" because several roads from various parts of Kentucky converged there. It was originally founded in the early 1820s, and quickly grew, especially as the country began to expand westward, becoming a major hub for trade and commerce. Florence is well-known for a large water tower with a sign on it that simply reads "Florence Y'all." It has become something of a local landmark, and a source of pride among residents. The tower was built in the 1970s, and originally read "Florence Mall," to advertise a new mall that was being built. However, the mall took slightly longer to build than expected, and highway regulations prohibited advertisements for an establishment that didn't exist, so they had to change it in a very short time. The city simply painted over the vertical lines in the letter "M" to make a "Y" and added the apostrophe. The plan was to change it back when the mall was finished, but residents liked it enough that the city decided to keep it. If you live in the Florence, Kentucky area, and need a good attorney, you can probably find one. Florence, Kentucky lawyers are ready to handle whatever legal problem you might present them with.

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