Litigation Lawyers in Winnsboro
In Winnsboro, 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.
This general principle is subject to an important exception, however. There are cases where a judge in Winnsboro, Louisiana will order a defendant to pay the plaintiff a sum of money which is not calculated based on actual harm the plaintiff has suffered. These are called "punitive damages" and serve the purpose of punishing and deterring wrongdoing.
Punitive Damages in Winnsboro, Louisiana are not awarded lightly, because the civil justice system typically disfavors giving plaintiffs financial windfalls not directly related to compensating them for their injuries. They are usually only awarded when the conduct of the defendant is morally reprehensible, and far worse than simple carelessness.
Conduct that can give rise to punitive damages in Winnsboro, Louisiana
Generally personal injury cases in Winnsboro, Louisiana involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for example). In Winnsboro, Louisiana, this is not enough to justify the award of punitive damages.
Punitive Damages in Winnsboro, Louisiana are only awarded in cases where the actions of the plaintiff was intentional and highly immoral, or extremely reckless. In Winnsboro, 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.
There are limits on punitive damages in Winnsboro, Louisiana. 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 Winnsboro, Louisiana, 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 Louisiana have found much smaller awards to be invalid, and upheld much larger awards.
How Can a Winnsboro, Louisiana Attorney Help?
The law of Winnsboro, 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 many situations where they might be awarded.
If you are immersed in a case in Winnsboro, Louisiana where punitive damages are a possibility, a very large amount of money could be at stake, whether you are the plaintiff or defendant. You should not hesitate to speak with a civil litigation attorney in Winnsboro, Louisiana