Litigation Lawyers in Dracut
In Dracut, 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 Dracut, 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 Dracut, 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 Dracut, Massachusetts
Generally personal injury cases in Dracut, Massachusetts involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for instance). In Dracut, Massachusetts, this is not enough to justify the award of punitive damages.
Punitive damages in Dracut, Massachusetts are not authorized in many cases. They are only awarded when the defendant's actions was so deplorable and deliberate (but not necessarily criminal) that punishment is warranted. Fraud, battery, conversion (theft) and other intentional, insidious acts are usually required before punitive damages in Dracut, Massachusetts will be considered. Additionally, in deciding how much to award in punitive damages, a court will consider 2 main factors: the insidious nature of the defendant's conduct, and the actual harm that the plaintiff suffered as a result.
There are limits on punitive damages in Dracut, Massachusetts. 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 Dracut, 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 Dracut, Massachusetts Attorney Help?
The law of Dracut, Massachusetts doesn't lay out many strict conditions which are necessary before punitive damages can be authorized. Instead, it largely leaves it to the discretion of the courts. So, there are numerous situations where they might be awarded.
If you live in Dracut, Massachusetts 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 Dracut, Massachusetts.