Litigation Lawyers in Ashland
In Ashland, Massachusetts, civil litigation serves the main purpose of compensating individuals who have been victims of wrongdoing, and not meting out punishment, vengeance, or moral judgment.
This basic principle is subject to an significant exception, however. There are cases where a judge in Ashland, Massachusetts 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 Ashland, Massachusetts are not awarded easily, 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 Ashland, Massachusetts
Generally personal injury cases in Ashland, Massachusetts involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for instance). In Ashland, Massachusetts, this is not enough to justify the award of punitive damages.
Punitive Damages in Ashland, Massachusetts are only awarded in cases where the actions of the plaintiff was intentional and highly immoral, or extremely reckless. In Ashland, Massachusetts, 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 cognizant of the fact that there are some pretty severe limits on punitive damages in Ashland, Massachusetts. 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 massive amounts of property.
Typically, in Ashland, Massachusetts, 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, nonetheless, and is applied on a case-by-case basis. Courts in Massachusetts have found much smaller awards to be invalid, and upheld much larger awards.
How Can a Ashland, Massachusetts Attorney Help?
In Ashland, Massachusetts, there are a large variety of situations 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 immersed in a case in Ashland, Massachusetts that you believe might entitle you to punitive damages, a lot of money could be at stake. Therefore, if you want to pursue your legal remedies, you should see an Ashland, Massachusetts civil litigation attorney as soon as possible.