Suing for Punitive Damages in Baton Rouge

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Litigation Lawyers in Baton Rouge

In Baton Rouge, Louisiana, 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 situations, courts in Baton Rouge, Louisiana 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.

You should be cognizant that courts in Baton Rouge, Louisiana are not especially fond of authorizing punitive damages, because they view it as a financial windfall that generally runs counter to civil litigation's primary purpose of compensating victims of wrongdoing for the harm they've suffered. However, if the conduct of the defendant was completely reprehensible and the harm caused was deliberate, a court might impose damages to punish the defendant, known as "punitive damages."

Conduct that can give rise to punitive damages in Baton Rouge, Louisiana

The vast majority of personal injury lawsuits in Baton Rouge, Louisiana 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 Baton Rouge, Louisiana.

In Baton Rouge, Louisiana, punitive damages are not awarded in most cases. They are usually only awarded when the defendant's behavior was so reckless or deplorable that punishment of the defendant is warranted. Acts such as battery, fraud, and defamation (in some cases) are usually considered sufficient in Baton Rouge, Louisiana to justify punitive damages. In deciding whether to award punitive damages, and how much to award, the two most important factors the court looks at will be the level of immorality of the act, as well as the actual harm that the plaintiff suffered as a result of the defendant's conduct.

Nonetheless, in Baton Rouge, Louisiana, the law places limits on punitive damages. The U.S. Supreme Court has ruled various times that punitive damages cannot be grossly disproportionate to the evil nature of the conduct, and the injuries that the defendant suffered. If they are disproportionate, punitive damages might be considered a deprivation of the defendant's right to due process of law.

A good rule of thumb for calculating the upper limit of punitive damages in Baton Rouge, Louisiana is that punitive damages can be no larger than compensatory damages times ten. This rule is not absolute, of course. Courts in Louisiana 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 Baton Rouge, Louisiana Attorney Help?

In Baton Rouge, Louisiana, there are a practically unlimited number of situtations in which punitive damages can be awarded.

If you live in Baton Rouge, Louisiana and are immersed in a case that you believe carries the possibility of a punitive damage award, you may be entitled to a large amount of funds from the person or company that harmed you. To know for sure, you should speak with a civil litigation attorney in Baton Rouge, Louisiana.

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Life in Baton Rouge

Baton Rouge is a great place to have some fun! For some fun in the sun, families can go to Blue Bayou Water Park. The park includes crazy waterslides and tubes, and cafes with great food. Right across the street is Dixie Landin Theme Park with great roller coasters and rides for all ages.

For a more relaxing outing, try a boat ride on Casino Riverboats. These riverboats feature live music, buffets, and gaming tables! Casino Riverboat rides are a great way to eat, drink, enjoy the water, and have some fun gambling.

Baton Rouge is also an area rich in history. There are many historical sites to visit, including the Enchanted Mansion Doll Museum, the Magnolia Mound Plantation, Mount Hope Plantation, and San Francisco Plantation.

However, fun is not the only thing Baton Rouge is about. Baton Rouge is filled with many great law firms that have a large clientele, are experienced in all practice areas, and have skilled lawyers working for them. Therefore, have no fear because any legal need can be met in Baton Rouge!

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