Litigation Lawyers in Walker
In Walker, 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 circumstances, courts in Walker, 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 Walker, 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 Walker, Louisiana
Personal injury litigation doesn't usually carry with it the possibility of punitive damages in Walker, Louisiana, because mostly personal injury cases stem from harm that was caused accidentally, not deliberately. Accidental harm is not enough to warrant an award of punitive damages in Walker, Louisiana.
Punitive Damages in Walker, Louisiana are only awarded in cases where the conduct of the plaintiff was intentional and highly immoral, or extremely reckless. In Walker, 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.
It's necessary to know that punitive damages in Walker, Louisiana 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 sustained by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government acquiring property from the defendant without due process of law.
In general, punitive damages in Walker, Louisiana cannot be more than 10 times larger than the actual damages sustained by the plaintiff. Nonetheless, 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 decided on a case-by-case basis.
How Can a Walker, Louisiana Attorney Help?
In Walker, Louisiana, judges and juries have a good deal of leeway in deciding if they want to grant punitive damages, so there are a nearly-unlimited number of circumstances that can lead to a punitive damage award.
If you are involved in a case in Walker, Louisiana 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 Walker, Louisiana civil litigation attorney as soon as possible.