Litigation Lawyers in Clarksdale
The civil litigation system in Clarksdale, 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 Clarksdale, 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 Clarksdale, 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 Clarksdale, Mississippi
Typically personal injury cases in Clarksdale, Mississippi involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for example). In Clarksdale, Mississippi, this is not enough to justify the award of punitive damages.
Punitive damages in Clarksdale, Mississippi are not granted 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 Clarksdale, Mississippi 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 critical to note that in Clarksdale, Mississippi, 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 Clarksdale, Mississippi, 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 general rule of thumb, and is not completely rigid. In Mississippi, 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 particular punitive damage award will depend heavily on the facts of each case.
How Can a Clarksdale, Mississippi Attorney Help?
In Clarksdale, Mississippi, there are an essentially unlimited number of situtations in which punitive damages can be awarded.
If you are engaged in a case in Clarksdale, Mississippi that you believe might entitle you to punitive damages, a lot of money could be at stake. Thus, if you want to pursue your legal remedies, you should see a Clarksdale, Mississippi civil litigation attorney as soon as possible.