Litigation Lawyers in Tyngsborough
In Tyngsborough, 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 Tyngsborough, 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 Tyngsborough, Massachusetts are not awarded easily, 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 Tyngsborough, Massachusetts
Generally personal injury cases in Tyngsborough, Massachusetts do not involve punitive damages, because the defendant did not intend to cause harm, or act with some other form of malice. Rather, 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 Tyngsborough, Massachusetts.
Punitive Damages in Tyngsborough, Massachusetts are only awarded in cases where the actions of the plaintiff was intentional and highly immoral, or extremely reckless. In Tyngsborough, Massachusetts, torts such as fraud, gross negligence, and theft are sufficient to award punitive damages. Courts consider numerous factors when deciding whether or not punitive damages are warranted. Courts will look at the nature of the act, as well as the defendant's intent in performing the act. This will be weighed, on a sliding scale, against the actual harm that the defendant's conduct caused to the plaintiff.
There are limits on punitive damages in Tyngsborough, 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.
A good rule of thumb for calculating the upper limit of punitive damages in Tyngsborough, Massachusetts is that punitive damages can be no larger than compensatory damages times ten. This rule is not absolute, of course. Courts in Massachusetts have a good deal of discretion in awarding punitive damages, and will decide them based on the facts of each case. Because of this, punitive damage awards larger than 10 times compensatory damages are occasionally upheld, while much smaller awards have been overturned, because they were deemed excessive in a certain case.
How Can a Tyngsborough, Massachusetts Attorney Help?
Tyngsborough, Massachusetts's courts have wide discretion in awarding punitive damages. Therefore, it is impractical to comprehensively discuss all the situations in which punitive damages can arise.
If you are immersed in a case in Tyngsborough, Massachusetts where punitive damages are a possibility, a very large amount of money could be at stake, whether you are the plaintiff or defendant. You should not delay to speak with a civil litigation attorney in Tyngsborough, Massachusetts