Suing for Punitive Damages in Plymouth

Find the right Litigation attorney in Plymouth, MA

Litigation Lawyers in Plymouth

In Plymouth, 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 Plymouth, 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 Plymouth, 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 Plymouth, Massachusetts

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

Punitive damages in Plymouth, Massachusetts are not granted in many cases. They are only awarded when the defendant's actions 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 Plymouth, Massachusetts will be considered. Additionally, 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 Plymouth, 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 massive amounts of property.

Typically, in Plymouth, 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, however, 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 Plymouth, Massachusetts Attorney Help?

In Plymouth, Massachusetts, there are a essentially unlimited number of situtations in which punitive damages can be awarded.

If you are located in Plymouth, Massachusetts, and are immersed 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 Plymouth, Massachusetts civil litigation attorney

Talk to a Law Attorney now!

Life in Plymouth

Plymouth is best known for being the location of the First Thanksgiving Feast and the capital of Plymouth colony, settled in 1620. It's wrought with Pilgrim history and is considered the oldest continuously inhabited English settlement. Plymouth was one of the country's first settlements and attracts tourists to destinations like Plymouth Rock. There's an influx of visitors during the Thanksgiving holiday, schools and families alike. Today, Plymouth is one of two Plymouth County seats and home to 59,000 residents. Jordan Hospital, a major regional medical center, is the largest employer in the city. Aside from tourism, Plymouth has seen a great boom in their research and telecommunications industries. Plymouth is also home to the only nuclear power plant in Massachusetts, the Pilgrim Nuclear Generating Station.

To accommodate the high number of tourists, there are lots of outstanding restaurants and accommodations. The lucky folks who get to move to Plymouth often seek out The Pinehills, a private residential development with two golf courses, a country club, and shopping village. For the children of residents, The Plymouth School System is the largest in Massachusetts with an enrollment of over 8,000 and the First Student Bus Company to provide transportation. Plymouth is host to many other convenient methods of transportation including rail, airport, highway, and ferry services to nearby municipalities. Plymouth is popular among professionals like lawyers. Plymouth lawyers are familiar with local courts and advising on a wide variety of legal matters. Many local lawyers are licensed to practice in a number of local New England states.

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