Suing for Punitive Damages in Asheville

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Litigation Lawyers in Asheville

The civil litigation system in Asheville, North Carolina 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 Asheville, North Carolina will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is known as "punitive damages."

You should be aware that courts in Asheville, North Carolina are not particularly fond of granting punitive damages, because they view it as a financial windfall that generally runs counter to civil litigation's primary purpose of compensating victims of wrongdoing for the harm they've suffered. However, if the conduct of the defendant was completely reprehensible and the harm caused was deliberate, a court might impose damages to punish the defendant, known as "punitive damages."

Conduct that can give rise to punitive damages in Asheville, North Carolina

A majority of personal injury litigation actions in Asheville, North Carolina 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 Asheville, North Carolina, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.

In Asheville, North Carolina, punitive damages are not awarded in most cases. They are typically only awarded when the defendant's conduct was so reckless or deplorable that punishment of the defendant is warranted. Acts such as battery, fraud, and defamation (in some cases) are usually considered sufficient in Asheville, North Carolina to justify punitive damages. In deciding whether to award punitive damages, and how much to award, the two most important factors the court looks at will be the level of immorality of the act, as well as the actual harm that the plaintiff suffered as a result of the defendant's conduct.

There are limits on punitive damages in Asheville, North Carolina. 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.

Punitive damages in Asheville, North Carolina usually cannot exceed 10 times the amount of actual damages suffered by the plaintiff. However, this is just a guideline, and not a strict rule. Courts in North Carolina have found larger punitive damage awards to be perfectly valid, and smaller ones to be invalid. This will be highly dependent on the facts of each case.

How Can a Asheville, North Carolina Attorney Help?

Asheville, North Carolina's courts have wide discretion in awarding punitive damages. Accordingly, it is impossible to comprehensively discuss all the situations in which punitive damages can arise.

If you are involved in a case in Asheville, North Carolina that you believe might entitle you to punitive damages, a lot of money could be at stake. So, if you want to pursue your legal remedies, you should see a Asheville, North Carolina civil litigation attorney as soon as possible.

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Life in Asheville

Asheville is located in Buncombe County, North Carolina. It is the eleventh largest city in North Carolina, with a population of around 83,393 people.

Some fun sites to visit while in Asheville include the Biltmore Estate, Blue Ridge Parkway, the Botanical Gardens at Asheville, Grove Park Inn, the North Carolina Arboretum, the Smith-McDowell House, Sliding Rock, Bent Creek, McCormick Field, and the Thomas Wolfe Memorial State Historic Site.

Some famous residents (past and present) include Brad Daugherty, Harry Anderson, David Holt, Paul Schneider, Brett Swain, Robert Pressley, Rashad McCants, and Andie MacDowell.

Top employers include the health care system, the school district, Volvo Construction Equipment, Wal-Mart, Ingles, Thermo Fisher Scientific, and Arvato Digital Services. Although no law firms are listed, Asheville is home to many practicing attorneys who aid residents with all their legal matters.

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