Litigation Lawyers in Pittsfield
In Pittsfield, Maine, 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 Pittsfield, 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 aware that courts in Pittsfield, Maine are not particularly fond of granting 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 Pittsfield, Maine
The vast majority of personal injury lawsuits in Pittsfield, Maine involve situations 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 Pittsfield, Maine.
Punitive Damages in Pittsfield, Maine are only awarded in cases where the conduct of the plaintiff was intentional and highly immoral, or extremely reckless. In Pittsfield, 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.
It's critical to know that punitive damages in Pittsfield, Maine are subject to limits. The Supreme Court of the United States has held, more than once, that punitive damages can't be grossly disproportionate to the actual harm suffered by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government taking property from the defendant without due process of law.
Generally, in Pittsfield, 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, however, 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 Pittsfield, Maine Attorney Help?
In Pittsfield, Maine, there are a virtually unlimited number of situtations in which punitive damages can be awarded.
If you are involved in a case in Pittsfield, Maine that you believe might entitle you to punitive damages, a lot of money could be at stake. So, if you want to pursue your legal remedies, you should see a Pittsfield, Maine civil litigation attorney as soon as possible.