Suing for Punitive Damages in Independence

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Litigation Lawyers in Independence

The civil litigation system in Independence, Missouri is designed to provide compensation for individuals who are injured because of the unlawful conduct of others. It is not much concerned with punishing or deterring wrongdoers.

There is an exception to this general rule, however: in some cases, a court in Independence, Missouri will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is known as "punitive damages."

In Independence, Missouri, punitive damages are not awarded in many cases. This is because the civil litigation system strongly disfavors giving money to plaintiffs in amounts disproportionate to the injuries they have suffered. However, in some cases, the conduct of the defendant is so reprehensible, that simply punishing the defendant is a worthy goal, and this interest outweighs the preference against giving civil plaintiffs financial windfalls.

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

A majority of personal injury litigation actions in Independence, Missouri do not involve the possibility of punitive damages, because they usually involve injuries where the defendant is at fault for the harm caused, but did not intend to do any harm. In Independence, Missouri, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.

Punitive damages in Independence, Missouri are not granted in many cases. They are only awarded when the defendant's conduct 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 Independence, Missouri will be considered. Furthermore, 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.

You should be aware of the fact that there are some pretty severe limits on punitive damages in Independence, Missouri. 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.

Generally, in Independence, Missouri, 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, however, and is applied on a case-by-case basis. Courts in Missouri have found much smaller awards to be invalid, and upheld much larger awards.

How Can a Independence, Missouri Attorney Help?

In Independence, Missouri, there are a essentially unlimited number of situtations in which punitive damages can be awarded.

If you are located in Independence, Missouri, and are involved 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 Independence, Missouri civil litigation attorney

Talk to a Law Attorney now!

Life in Independence

Independence, Missouri was home to former President Harry S. Truman. Not surprisingly, the city has lots to offer to show the life and times of the loved president. In Independence, a visitor can ride the "Truman Trolley", tour his old street, visit the soda fountain on Main street where Truman had his first job,see where he went to school, and other presidential points of interest.

Independence isthe fourth largest city in the entire state of Missouri and home to over 100,000 residents-- also making it the 20th largestcity in the United States. Independence was founded in 1827 and also serves as the headquarters for the Latter Day Saints Movement and played a major role in the development of this religion. There are also many great public and private schools located in Independence, making the city a great place to raise children.

Independence hasa lot ofCivil War History that provides its residents and visitors with plenty historial sites to admire. Museums, sporting events, and cultural sites make Independence a great place to visit and live. Independence is also home to many talented lawyers. Independence lawyers are skilled in a range of legal specialities and able to help their clients with any legal issue they may find themselves confronted with.

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