Litigation Lawyers in Weldon Spring
The civil litigation system in Weldon Spring, 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 Weldon Spring, Missouri will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is known as "punitive damages."
It's important to note that courts in Weldon Spring, Missouri prefer not to grant punitive damages. This is because the civil justice system is designed primarily to compensate the victims of wrongdoing. However, there are some cases where the defendant's conduct was so immoral and evil that civil courts have an interest in making them pay additional 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 Weldon Spring, Missouri
Mostly personal injury cases in Weldon Spring, Missouri involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for example). In Weldon Spring, Missouri, this is not enough to justify the award of punitive damages.
Punitive Damages in Weldon Spring, Missouri are only awarded in cases where the conduct of the plaintiff was intentional and highly immoral, or extremely reckless. In Weldon Spring, 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.
There are limits on punitive damages in Weldon Spring, Missouri. The Supreme Court has held that punitive damage awards which are grossly disproportionate to the immorality of the conduct, and the harm that it caused, are an unconstitutional deprivation of property without due process of law.
Generally, in Weldon Spring, 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 Weldon Spring, Missouri Attorney Help?
The law of Weldon Spring, Missouri doesn't lay out many strict conditions which are required before punitive damages can be granted. Instead, it largely leaves it to the discretion of the courts. So, there are several situations where they might be awarded.
If you are located in Weldon Spring, 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 Weldon Spring, Missouri civil litigation attorney