Litigation Lawyers in Ipswich

In Ipswich, 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 Ipswich, 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 Ipswich, 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 Ipswich, Massachusetts

A majority of personal injury litigation actions in Ipswich, Massachusetts do not involve the possibility of punitive damages, because they normally involve injuries where the defendant is at fault for the harm caused, but did not intend to do any harm. In Ipswich, Massachusetts, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.

In Ipswich, Massachusetts, punitive damages are only awarded in extreme situations. 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 Ipswich, Massachusetts will consider many different factors. Normally, 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.

It's essential to know that punitive damages in Ipswich, Massachusetts 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 Ipswich, Massachusetts 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 Massachusetts 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 Ipswich, Massachusetts Attorney Help?

Ipswich, Massachusetts's courts have wide discretion in awarding punitive damages. Therefore, it is impractical to comprehensively discuss all the situations in which punitive damages can arise.

If you are immersed in a case in Ipswich, 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 Ipswich, Massachusetts civil litigation attorney as soon as possible.