Litigation Lawyers in Delano

In Delano, Minnesota, 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 Delano, Minnesota, 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. Alternatively, these "punitive damages," as they are called, are meant to punish and deter wrongdoing.

Courts in Delano, Minnesota do not grant punitive damages in most cases. The civil litigation system is geared against granting financial windfalls to civil plaintiffs. But, there are rare cases, where the defendant has done something to the plaintiff that is so morally reprehensible, that society's interest in punishing the defendant and deterring similar misconduct outweighs the civil justice system's preference against punitive damages.

Conduct that can give rise to punitive damages in Delano, Minnesota

Typically personal injury cases in Delano, Minnesota involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for example). In Delano, Minnesota, this is not enough to justify the award of punitive damages.

Punitive damages in Delano, Minnesota are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Delano, Minnesota courts will consider various factors in considering whether or not to award punitive damages. For example, 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 aware of the fact that there are some pretty severe limits on punitive damages in Delano, Minnesota. 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.

Punitive damages in Delano, Minnesota typically cannot exceed 10 times the amount of actual damages suffered by the plaintiff. However, this is just a guideline, and not a strict rule. Courts in Minnesota have found larger punitive damage awards to be perfectly valid, and smaller ones to be invalid. This will be highly dependent on the facts of each case.

How Can a Delano, Minnesota Attorney Help?

Delano, Minnesota's courts have wide discretion in awarding punitive damages. Accordingly, it is unrealistic to comprehensively discuss all the situations in which punitive damages can arise.

If you are engaged in a case in Delano, Minnesota 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 Delano, Minnesota civil litigation attorney as soon as possible.