Litigation Lawyers in Berkeley

In Berkeley, Missouri, 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 Berkeley, Missouri, 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.

It's crucial to note that courts in Berkeley, Missouri prefer not to grant punitive damages. This is because the civil justice system is designed mainly to compensate the victims of wrongdoing. Nonetheless, there are some cases where the defendant's conduct was so immoral and evil that civil courts have an interest in making them pay further damages, going above and beyond what's needed to compensate the victim, in order to serve as a deterrent.

Conduct that can give rise to punitive damages in Berkeley, Missouri

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

Punitive damages in Berkeley, Missouri are not authorized in many cases. They are only awarded when the defendant's behavior was so deplorable and deliberate (but not necessarily criminal) that punishment is warranted. Fraud, battery, conversion (theft) and other intentional, insidious acts are usually required before punitive damages in Berkeley, Missouri will be considered. Moreover, in deciding how much to award in punitive damages, a court will consider 2 main factors: the insidious nature of the defendant's conduct, and the actual harm that the plaintiff suffered as a result.

It's crucial to note that in Berkeley, Missouri, punitive damages are not unlimited. The Supreme Court has repeatedly held that punitive damages cannot be hugely disproportionate to the amount awarded to compensate the plaintiff for the actual injuries they suffered. If the punitive damages are extremely excessive, an appeals court might rule that they amount to a deprivation of property without due process of law, or a de facto criminal punishment, without affording the defendant the protections available in criminal cases.

In Berkeley, Missouri, punitive damage awards are normally (but not always) capped at 10 times the amount awarded in compensatory damages. Remember, however, that this is just a basic rule of thumb, and is not completely rigid. In Missouri, appeals courts have a good deal of discretion in deciding if a punitive damage award is valid or invalid. Much larger awards have been upheld, and smaller awards have been overturned. The validity of a specific punitive damage award will depend heavily on the facts of each case.

How Can a Berkeley, Missouri Attorney Help?

Berkeley, Missouri'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 Berkeley, Missouri where punitive damages are a possibility, a very large amount of money could be at stake, whether you are the plaintiff or defendant. You should not delay to speak with a civil litigation attorney in Berkeley, Missouri