Suing for Punitive Damages in Lexington

Find the right Litigation attorney in Lexington, KY

Litigation Lawyers in Lexington

In Lexington, 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 Lexington, 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 Lexington, 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 Lexington, Kentucky

Generally personal injury cases in Lexington, Kentucky involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for example). In Lexington, Kentucky, this is not enough to justify the award of punitive damages.

Punitive damages in Lexington, 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 Lexington, 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.

There are limits on punitive damages in Lexington, Kentucky. 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.

Typically, in Lexington, 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 Lexington, Kentucky Attorney Help?

In Lexington, Kentucky, there are a large number of cases 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 Lexington, 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 Lexington, Kentucky civil litigation attorney

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Life in Lexington

Lexington is the "Thoroughbred City" and self-proclaimed "Horse Capital of the World." Home to three World renown horse-racing tracks that include Keenland which opened in 1936, the Red Mile Harness Track which is the oldest in Lexington, and the new Kentucky Horse Park. There may be an abundance of gambling in Lexington but the economy is known for its stability. Forbes Magazine named Lexington the 5th best city for "Business and Careers." There's an abundance of technology research and high tech industries like Lexmark International, Hewlett Packard, and Affiliated Computer Services as well as government facilities. Such a stable economy makes Lexington a standout city in the United States and quite attractive to job seekers.

One of the major government employers in Lexington is the Lexington-Fayette County Governments. Lexington is the seat of Fayette County, Kentucky and therefore has many of the administrative buildings, courts, jails, and political facilities. A number of lawyers call Lexington home since there are so many local courts. Lexington lawyers can consult on any type of case heard in Lexington and Fayette County Courts including personal injury, probate, criminal, divorce, and child custody cases.

The City of Lexington's largest employer is the University of Kentucky, which offers a renown College of Medicine and over 10,000 local jobs. The University of Kentucky draw a number of students and top professionals. Don't forget about the American history for tourists either. The Bluegrass Festival and Ashland: The Henry Clay Estate draw tourists from near and far.

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