Litigation Lawyers in Highland Heights
In Highland Heights, Kentucky, 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 Highland Heights, Kentucky 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.
It's critical to note that courts in Highland Heights, Kentucky prefer not to grant punitive damages. This is because the civil justice system is designed mainly to compensate the victims of wrongdoing. Nonetheless, there are some cases where the defendant's conduct was so immoral and evil that civil courts have an interest in making them pay further 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 Highland Heights, Kentucky
Mostly personal injury cases in Highland Heights, Kentucky involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for instance). In Highland Heights, Kentucky, this is not enough to justify the award of punitive damages.
Punitive damages in Highland Heights, Kentucky are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Highland Heights, Kentucky courts will consider several factors in considering whether or not to award punitive damages. For instance, the court might employ a sliding scale that weighs the immorality of the defendant's conduct against the actual harm that it caused to the plaintiff, and calculate damages accordingly.
You should be cognizant of the fact that there are some pretty severe limits on punitive damages in Highland Heights, Kentucky. 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 large amounts of property.
A good rule of thumb for calculating the upper limit of punitive damages in Highland Heights, Kentucky is that punitive damages can be no larger than compensatory damages times ten. This rule is not absolute, of course. Courts in Kentucky have a good deal of discretion in awarding punitive damages, and will decide them based on the facts of each case. Because of this, punitive damage awards larger than 10 times compensatory damages are occasionally upheld, while much smaller awards have been overturned, because they were deemed excessive in a certain case.
How Can a Highland Heights, Kentucky Attorney Help?
In Highland Heights, Kentucky, 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 located in Highland Heights, Kentucky, and are involved 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 Highland Heights, Kentucky civil litigation attorney