Litigation Lawyers in Hamilton
In Hamilton, Massachusetts, 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 Hamilton, 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 Hamilton, Massachusetts are not awarded lightly, because the civil justice system usually 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 Hamilton, Massachusetts
A majority of personal injury litigation actions in Hamilton, Massachusetts do not involve the possibility of punitive damages, because they typically involve injuries where the defendant is at fault for the harm caused, but did not intend to do any harm. In Hamilton, Massachusetts, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.
In Hamilton, Massachusetts, punitive damages are only awarded in extreme cases. Civil wrongs such as fraud, conversion (theft), battery, and other intentional, depraved acts are sufficient to award punitive damages. In deciding whether or not to award punitive damages, and how much money to award, courts in Hamilton, Massachusetts will consider many different factors. Typically, they employ a sliding scale, weighing the nature of the conduct and the actual harm that the conduct caused. The more immoral the conduct, and/or the more harm caused, the more likely a court is to award punitive damages.
There are limits on punitive damages in Hamilton, 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.
Punitive damages in Hamilton, Massachusetts typically cannot exceed 10 times the amount of actual damages suffered by the plaintiff. However, this is just a guideline, and not a strict rule. Courts in Massachusetts have found larger punitive damage awards to be perfectly valid, and smaller ones to be invalid. This will be highly dependent on the facts of each case.
How Can a Hamilton, Massachusetts Attorney Help?
The law of Hamilton, Massachusetts 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 located in Hamilton, Massachusetts, and are engaged in a case that you think, based on the information conveyed above, that might have punitive damages as an option, you can't be sure what, if anything, you're entitled to from the defendant until you consult with a Hamilton, Massachusetts civil litigation attorney