Suing for Punitive Damages in Malden

Find the right Litigation attorney in Malden, MA

Litigation Lawyers in Malden

In Malden, 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 Malden, 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 Malden, Massachusetts are not awarded easily, 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 Malden, Massachusetts

A majority of personal injury litigation actions in Malden, 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 Malden, Massachusetts, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.

In Malden, Massachusetts, punitive damages are not awarded in most cases. They are normally only awarded when the defendant's actions was so reckless or deplorable that punishment of the defendant is warranted. Acts such as battery, fraud, and defamation (in some cases) are usually considered sufficient in Malden, Massachusetts to justify punitive damages. In deciding whether to award punitive damages, and how much to award, the two most important factors the court looks at will be the level of immorality of the act, as well as the actual harm that the plaintiff suffered as a result of the defendant's conduct.

There are limits on punitive damages in Malden, 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.

Usually, in Malden, 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 Malden, Massachusetts Attorney Help?

The law of Malden, 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 Malden, Massachusetts and are engaged 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 hurt you. To know for sure, you should speak with a civil litigation attorney in Malden, Massachusetts.

Talk to a Law Attorney now!

Life in Malden

Malden is a city located in Middlesex County, Massachusetts. It has a population of slightly over 55,000 people.

The first European settlers in Malden were a group of Puritans, who purchased the land from the Pawtucket Indians. In 1648, the code of enacted laws in New England was printed in Malden. During the American Revolution, Malden played an important role in the American Revolution, and was a major stronghold of revolutionary sympathies.

Malden contains many fascinating historical landmarks, most of which are from the Revolutionary era and before. Malden is also home to several recreational areas, including parks and various sporting fields. Perhaps most notably, Malden is home to Pine Banks, a 107 acre recreational park featuring playgrounds, picnic areas, and a large, undeveloped area for hiking.

Malden, Massachusetts is also home to Middlesex Falls Reservation, a Massachusetts state park, which boasts many recreational activities for those who enjoy the outdoors.

If you live in Malden, Massachusetts, and need a lawyer, there's a good chance you'll be able to find the right one. Malden, Massachusetts lawyers can handle almost any case you might have.

Clients Rate LegalMatch Attorneys
(click to read reviews)

Howard B.
Howard B.

Business - Litigation

Rye Brook, NY

Mark B.
Mark B.

Business - Litigation

Roseland, NJ

David A.
David A.

Business - Litigation

Walnut Creek, CA

Gotham Light