Litigation Lawyers in Grand Blanc
In Grand Blanc, Michigan, civil litigation serves the primary purpose of compensating people who have been victims of wrongdoing, and not meting out punishment, vengeance, or moral judgment.
Of course, there are exceptions to this rule. In Grand Blanc, Michigan, courts will, in relatively rare cases, require defendants to pay plaintiffs sums of money which aren't calculated by the actual harm and costs the plaintiff has incurred. Instead, these "punitive damages," as they are called, are meant to punish and deter wrongdoing.
Punitive Damages in Grand Blanc, Michigan are not awarded lightly, because the civil justice system generally 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 Grand Blanc, Michigan
Mostly personal injury cases in Grand Blanc, Michigan involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for example). In Grand Blanc, Michigan, this is not enough to justify the award of punitive damages.
Punitive Damages in Grand Blanc, Michigan are only awarded in cases where the conduct of the plaintiff was intentional and highly immoral, or extremely reckless. In Grand Blanc, Michigan, 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 aware of the fact that there are some pretty severe limits on punitive damages in Grand Blanc, Michigan. 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 large amounts of property.
In general, punitive damages in Grand Blanc, Michigan cannot be more than 10 times larger than the actual damages suffered by the plaintiff. However, this is not an absolute rule, and appeals courts in Michigan have upheld much larger awards, and found much smaller awards to be invalid. It's determined on a case-by-case basis.
How Can a Grand Blanc, Michigan Attorney Help?
Grand Blanc, Michigan's courts have wide discretion in awarding punitive damages. Accordingly, it is impossible to comprehensively discuss all the situations in which punitive damages can arise.
If you are involved in a case in Grand Blanc, Michigan 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 Grand Blanc, Michigan civil litigation attorney as soon as possible.