Suing for Punitive Damages in Pittsfield

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Litigation Lawyers in Pittsfield

In Pittsfield, 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 Pittsfield, 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 Pittsfield, 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 Pittsfield, Massachusetts

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

Punitive damages in Pittsfield, Massachusetts are not granted in many cases. They are only awarded when the defendant's behavior 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 Pittsfield, Massachusetts will be considered. Moreover, 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.

You should be aware of the fact that there are some pretty severe limits on punitive damages in Pittsfield, Massachusetts. The U.S. Supreme Court has found that there are constitutional limits on punitive damage awards. Punitive damages can't be too disproportionate to the actual damages that the plaintiff has suffered. Appeals courts have found that excessive punitive damage awards violate the defendant's right to due process, by depriving them of considerable amounts of property.

In general, punitive damages in Pittsfield, Massachusetts cannot be more than 10 times larger than the actual damages suffered by the plaintiff. However, 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 determined on a case-by-case basis.

How Can a Pittsfield, Massachusetts Attorney Help?

The law of Pittsfield, 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 live in Pittsfield, 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 money from the person or company that hurt you. To know for sure, you should speak with a civil litigation attorney in Pittsfield, Massachusetts.

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Life in Pittsfield

Pittsfield is located in Berkshire County, Massachusetts. An interesting fact is that in 2005, Farmers Insurance ranked the city twentieth in the U.S. on the "Most Secure Place to Live" list. Forbest Magazine also ranked Pittsfield as number sixty-one in its list for "Best Small Places for Business."

Some known businesses in Pittsfield include Chemex Corporation, Blue-Q, SABIC, Laurin Publishing, Thaddeus Clapp House, General Dynamics Advanced Information Systems, and Berkshire Gas. Naturally, to support these businesses, Pittsfield is home to many attorneys who can easily handle the legal needs of businesses and residents.

Some famous residents include Thomas Allen, Silvio O. Conte, Cy Ferry, Tom Grieve, Stephanie Wilson and Robin Williams.

All in all, Pittsfield is a place that residents love to live in, and people love to visit!

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