Litigation Lawyers in Shirley
In Shirley, 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 Shirley, 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 Shirley, Massachusetts are not awarded lightly, because the civil justice system generally 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 Shirley, Massachusetts
Mostly personal injury cases in Shirley, Massachusetts do not involve punitive damages, because the defendant did not intend to cause harm, or act with some other form of malice. Instead, most of these cases involve situations where the defendant acted carelessly, but did not actually intend to cause harm. This is enough to award compensatory damages, but it is far from sufficient to award punitive damages in Shirley, Massachusetts.
In Shirley, Massachusetts, punitive damages are only awarded in extreme circumstances. 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 Shirley, Massachusetts will consider many different factors. Usually, 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 crucial to note that in Shirley, Massachusetts, punitive damages are not unlimited. The Supreme Court has repeatedly held that punitive damages cannot be hugely disproportionate to the amount awarded to compensate the plaintiff for the actual injuries they suffered. If the punitive damages are extremely excessive, an appeals court might rule that they amount to a deprivation of property without due process of law, or a de facto criminal punishment, without affording the defendant the protections available in criminal cases.
In general, punitive damages in Shirley, 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 Shirley, Massachusetts Attorney Help?
The law of Shirley, 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 several situations where they might be awarded.
If you have been injured in Shirley, Massachusetts and you think punitive damages might be justified, a large amount of money might be at stake. For that reason, you should not hesitate to consult a civil litigation attorney in Shirley, Massachusetts.