Litigation Lawyers in Burgaw
The civil litigation system in Burgaw, North Carolina is designed to provide compensation for persons 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 basic rule, however: in certain cases, a court in Burgaw, North Carolina will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is identified as "punitive damages."
You should be cognizant that courts in Burgaw, North Carolina are not especially fond of authorizing 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 Burgaw, North Carolina
Personal injury litigation doesn't typically carry with it the possibility of punitive damages in Burgaw, North Carolina, because typically personal injury cases stem from harm that was caused accidentally, not deliberately. Accidental harm is not enough to warrant an award of punitive damages in Burgaw, North Carolina.
Punitive damages in Burgaw, North Carolina are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Burgaw, North Carolina courts will consider various factors in considering whether or not to award punitive damages. For instance, the court might employ a sliding scale that weighs the immorality of the defendant's behavior against the actual harm that it caused to the plaintiff, and calculate damages accordingly.
Nonetheless, in Burgaw, North Carolina, the law places limits on punitive damages. The U.S. Supreme Court has ruled numerous 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.
A good rule of thumb for calculating the upper limit of punitive damages in Burgaw, North Carolina is that punitive damages can be no larger than compensatory damages times ten. This rule is not absolute, of course. Courts in North Carolina have a good deal of discretion in awarding punitive damages, and will decide them based on the facts of each case. Because of this, punitive damage awards larger than 10 times compensatory damages are occasionally upheld, while much smaller awards have been overturned, because they were deemed excessive in a certain case.
How Can a Burgaw, North Carolina Attorney Help?
In Burgaw, North Carolina, there are a basically unlimited number of situtations in which punitive damages can be awarded.
If you live in Burgaw, North Carolina and are engaged in a case that you believe carries the possibility of a punitive damage award, you may be entitled to a large amount of funds from the person or company that hurt you. To know for sure, you should speak with a civil litigation attorney in Burgaw, North Carolina.