Litigation Lawyers in Gonzales

In Gonzales, Louisiana, 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 cases, courts in Gonzales, Louisiana 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.

You should be aware that courts in Gonzales, Louisiana are not particularly fond of granting 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 Gonzales, Louisiana

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

Punitive Damages in Gonzales, Louisiana are only awarded in cases where the behavior of the plaintiff was intentional and highly immoral, or extremely reckless. In Gonzales, Louisiana, torts such as fraud, gross negligence, and theft are sufficient to award punitive damages. Courts consider numerous factors when deciding whether or not punitive damages are warranted. Courts will look at the nature of the act, as well as the defendant's intent in performing the act. This will be weighed, on a sliding scale, against the actual harm that the defendant's conduct caused to the plaintiff.

You should be aware of the fact that there are some pretty severe limits on punitive damages in Gonzales, Louisiana. 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 considerable amounts of property.

In general, punitive damages in Gonzales, Louisiana cannot be more than 10 times larger than the actual damages suffered by the plaintiff. However, this is not an absolute rule, and appeals courts in Louisiana have upheld much larger awards, and found much smaller awards to be invalid. It's determined on a case-by-case basis.

How Can a Gonzales, Louisiana Attorney Help?

The law of Gonzales, Louisiana doesn't lay out many strict conditions which are required before punitive damages can be granted. Instead, it largely leaves it to the discretion of the courts. So, there are several situations where they might be awarded.

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