Suing for Punitive Damages in Westfield

Find the right Litigation attorney in Westfield, MA

Litigation Lawyers in Westfield

In Westfield, 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 Westfield, 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 Westfield, 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 Westfield, Massachusetts

Typically personal injury cases in Westfield, Massachusetts do not involve punitive damages, because the defendant did not intend to cause harm, or act with some other form of malice. Alternatively, 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 Westfield, Massachusetts.

Punitive Damages in Westfield, Massachusetts are only awarded in cases where the behavior of the plaintiff was intentional and highly immoral, or extremely reckless. In Westfield, 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.

You should be cognizant of the fact that there are some pretty severe limits on punitive damages in Westfield, 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.

Usually, in Westfield, 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 Westfield, Massachusetts Attorney Help?

The law of Westfield, 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 various situations where they might be awarded.

If you are located in Westfield, Massachusetts, and are engaged 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 Westfield, Massachusetts civil litigation attorney

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Life in Westfield

Westfield is situated in Hampden County, Massachusetts. It is a very historic settlement, being incorporated as a town in 1669 and 1920 as a city. It currently has a population of over 42,000 residents and is considered an important retail and commercial center.

The city of Westfield is home to some of New England's most outstanding attractions. For instance, Stanley Park is a 180-acre site featuring picnic, tennis, and children's play areas. Stanley Park is painstakingly maintained with several floral gardens, arboretums, and fountains. It also has a newly developed area showcasing Early American scenery.

Other points of interest in Westfield include the Amelia Park Ice Rink and the Metacomet-Monadnock Trail. Westfield State University is also located in the city. Westfield's employment and economic growth have overtaken its population growth rate, which is a good indicator of its favorable economic climate. The city's largest areas of employment are in retail, manufacturing, education, and health social services.

Most lawyers in Westfield, Massachusetts file their cases at the Massachusetts District Court Department, Westfield Division. The district court is conveniently located in Westfield and also serves a total 8 other towns. Westfield lawyers offer superb services in a variety of legal fields and practices.

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