Litigation Lawyers in Republic
The civil litigation system in Republic, 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 Republic, Missouri will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is identified as "punitive damages."
In Republic, 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 Republic, Missouri
Typically personal injury cases in Republic, Missouri do not involve punitive damages, because the defendant did not intend to cause harm, or act with some other form of malice. Alternatively, most of these cases involve situations where the defendant acted carelessly, but did not actually intend to cause harm. This is enough to award compensatory damages, but it is far from sufficient to award punitive damages in Republic, Missouri.
Punitive Damages in Republic, Missouri are only awarded in cases where the behavior of the plaintiff was intentional and highly immoral, or extremely reckless. In Republic, Missouri, 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.
However, in Republic, Missouri, the law places limits on punitive damages. The U.S. Supreme Court has ruled several times that punitive damages cannot be grossly disproportionate to the evil nature of the conduct, and the injuries that the defendant suffered. If they are disproportionate, punitive damages might be considered a deprivation of the defendant's right to due process of law.
In general, punitive damages in Republic, Missouri 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 Missouri 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 Republic, Missouri Attorney Help?
In Republic, Missouri, there are a large number of cases in which punitive damages are appropriate, because the decision to grant punitive damages is largely up to the discretion of the jury.
If you are located in Republic, Missouri, and are engaged 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 Republic, Missouri civil litigation attorney