Litigation Lawyers in Old

In Old, Maine, 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 Old, Maine 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.

You should be cognizant that courts in Old, Maine are not especially fond of authorizing punitive damages, because they view it as a financial windfall that generally runs counter to civil litigation's primary purpose of compensating victims of wrongdoing for the harm they've suffered. However, if the conduct of the defendant was completely reprehensible and the harm caused was deliberate, a court might impose damages to punish the defendant, known as "punitive damages."

Conduct that can give rise to punitive damages in Old, Maine

The vast majority of personal injury lawsuits in Old, Maine involve instances in which the defendant did not intend to harm the plaintiff, but did so through carelessness. This is not enough to award punitive damages in Old, Maine.

Punitive Damages in Old, Maine are only awarded in cases where the actions of the plaintiff was intentional and highly immoral, or extremely reckless. In Old, Maine, 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 Old, Maine. 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 Old, Maine, 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 Maine have found much smaller awards to be invalid, and upheld much larger awards.

How Can a Old, Maine Attorney Help?

In Old, Maine, there are a practically unlimited number of situtations in which punitive damages can be awarded.

If you are immersed in a case in Old, Maine that you believe might entitle you to punitive damages, a lot of money could be at stake. Therefore, if you want to pursue your legal remedies, you should see a Old, Maine civil litigation attorney as soon as possible.