Litigation Lawyers in Waterboro
In Waterboro, 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 Waterboro, 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 Waterboro, 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 Waterboro, Maine
Typically personal injury cases in Waterboro, Maine involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for instance). In Waterboro, Maine, this is not enough to justify the award of punitive damages.
Punitive damages in Waterboro, Maine are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Waterboro, Maine courts will consider various factors in considering whether or not to award punitive damages. For instance, the court might employ a sliding scale that weighs the immorality of the defendant's behavior against the actual harm that it caused to the plaintiff, and calculate damages accordingly.
You should be cognizant of the fact that there are some pretty severe limits on punitive damages in Waterboro, 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 considerable amounts of property.
Usually, in Waterboro, 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 Waterboro, Maine Attorney Help?
In Waterboro, Maine, there are a large variety of situations in which punitive damages are appropriate, because the decision to grant punitive damages is largely up to the discretion of the jury.
If you are located in Waterboro, Maine, 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 Waterboro, Maine civil litigation attorney