Litigation Lawyers in Hopkinsville
In Hopkinsville, 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 Hopkinsville, 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 essential to note that courts in Hopkinsville, 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 Hopkinsville, Kentucky
Mostly personal injury cases in Hopkinsville, Kentucky involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for example). In Hopkinsville, Kentucky, this is not enough to justify the award of punitive damages.
Punitive damages in Hopkinsville, Kentucky are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Hopkinsville, 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 essential to know that punitive damages in Hopkinsville, 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.
Punitive damages in Hopkinsville, Kentucky usually 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 Kentucky 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 Hopkinsville, Kentucky Attorney Help?
In Hopkinsville, Kentucky, there are a virtually unlimited number of situtations in which punitive damages can be awarded.
If you are involved in a case in Hopkinsville, Kentucky that you believe might entitle you to punitive damages, a lot of money could be at stake. So, if you want to pursue your legal remedies, you should see a Hopkinsville, Kentucky civil litigation attorney as soon as possible.