Litigation Lawyers in Hillview
In Hillview, 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 circumstances, courts in Hillview, 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 crucial to note that courts in Hillview, 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 Hillview, Kentucky
Mostly personal injury cases in Hillview, Kentucky involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for example). In Hillview, Kentucky, this is not enough to justify the award of punitive damages.
Punitive damages in Hillview, Kentucky are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Hillview, Kentucky courts will consider several factors in considering whether or not to award punitive damages. For example, 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.
It's crucial to know that punitive damages in Hillview, Kentucky 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.
Generally, in Hillview, Kentucky, 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, however, and is applied on a case-by-case basis. Courts in Kentucky have found much smaller awards to be invalid, and upheld much larger awards.
How Can a Hillview, Kentucky Attorney Help?
In Hillview, Kentucky, there are a virtually unlimited number of situtations in which punitive damages can be awarded.
If you are located in Hillview, 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 Hillview, Kentucky civil litigation attorney