Litigation Lawyers in Leicester
In Leicester, 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 Leicester, 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 Leicester, Massachusetts 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 Leicester, Massachusetts
A majority of personal injury litigation actions in Leicester, 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 Leicester, Massachusetts, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.
In Leicester, 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 Leicester, 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 necessary to know that punitive damages in Leicester, 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 suffered by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government taking property from the defendant without due process of law.
Punitive damages in Leicester, Massachusetts normally 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 Leicester, Massachusetts Attorney Help?
Leicester, Massachusetts's courts have wide discretion in awarding punitive damages. Accordingly, it is impractical to comprehensively discuss all the situations in which punitive damages can arise.
If you are immersed in a case in Leicester, 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 a Leicester, Massachusetts civil litigation attorney as soon as possible.