Litigation Lawyers in Roseville
In Roseville, Michigan, civil litigation serves the main purpose of compensating individuals who have been victims of wrongdoing, and not meting out punishment, vengeance, or moral judgment.
Of course, there are exceptions to this rule. In Roseville, Michigan, courts will, in fairly rare cases, require defendants to pay plaintiffs sums of money which aren't calculated by the actual harm and costs the plaintiff has incurred. Alternatively, these "punitive damages," as they are called, are meant to punish and deter wrongdoing.
Punitive Damages in Roseville, Michigan 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 Roseville, Michigan
Personal injury litigation doesn't typically carry with it the possibility of punitive damages in Roseville, Michigan, because typically personal injury cases stem from harm that was caused accidentally, not deliberately. Accidental harm is not enough to warrant an award of punitive damages in Roseville, Michigan.
In Roseville, Michigan, punitive damages are only awarded in extreme cases. Civil wrongs such as fraud, conversion (theft), battery, and other intentional, depraved acts are sufficient to award punitive damages. In deciding whether or not to award punitive damages, and how much money to award, courts in Roseville, Michigan will consider many different factors. Typically, they employ a sliding scale, weighing the nature of the conduct and the actual harm that the conduct caused. The more immoral the conduct, and/or the more harm caused, the more likely a court is to award punitive damages.
It's necessary to know that punitive damages in Roseville, Michigan 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 sustained by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government acquiring property from the defendant without due process of law.
Punitive damages in Roseville, Michigan typically cannot surpass 10 times the amount of actual damages suffered by the plaintiff. Nonetheless, this is just a guideline, and not a strict rule. Courts in Michigan have found larger punitive damage awards to be perfectly valid, and smaller ones to be invalid. This will be strongly dependent on the facts of each case.
How Can a Roseville, Michigan Attorney Help?
Roseville, Michigan's courts have wide discretion in awarding punitive damages. Therefore, it is unrealistic to comprehensively discuss all the situations in which punitive damages can arise.
If you are engaged in a case in Roseville, Michigan that you believe might entitle you to punitive damages, a lot of money could be at stake. Thus, if you want to pursue your legal remedies, you should see a Roseville, Michigan civil litigation attorney as soon as possible.