Litigation Lawyers in Amory
The civil litigation system in Amory, Mississippi 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 Amory, Mississippi will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is identified as "punitive damages."
It's critical to note that courts in Amory, Mississippi 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 Amory, Mississippi
Typically personal injury cases in Amory, Mississippi involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for example). In Amory, Mississippi, this is not enough to justify the award of punitive damages.
Punitive Damages in Amory, Mississippi are only awarded in cases where the behavior of the plaintiff was intentional and highly immoral, or extremely reckless. In Amory, Mississippi, 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.
It's critical to know that punitive damages in Amory, Mississippi are subject to limits. The Supreme Court of the United States has held, more than once, that punitive damages can't be grossly disproportionate to the actual harm suffered by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government taking property from the defendant without due process of law.
Usually, in Amory, Mississippi, 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 Mississippi have found much smaller awards to be invalid, and upheld much larger awards.
How Can a Amory, Mississippi Attorney Help?
In Amory, Mississippi, 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 engaged in a case in Amory, Mississippi 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 hesitate to speak with a civil litigation attorney in Amory, Mississippi