Suing for Punitive Damages in Burlington

Find the right Litigation attorney in Burlington, NC

Litigation Lawyers in Burlington

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

You should be cognizant that courts in Burlington, 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 Burlington, North Carolina

Personal injury litigation doesn't normally carry with it the possibility of punitive damages in Burlington, North Carolina, because generally 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 Burlington, North Carolina.

Punitive damages in Burlington, North Carolina are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Burlington, North Carolina courts will consider many 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 actions against the actual harm that it caused to the plaintiff, and calculate damages accordingly.

Nonetheless, in Burlington, North Carolina, the law places limits on punitive damages. The U.S. Supreme Court has ruled various 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 Burlington, 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 Burlington, North Carolina Attorney Help?

In Burlington, North Carolina, there are a large variety of situations 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 immersed in a case in Burlington, North Carolina 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 delay to speak with a civil litigation attorney in Burlington, North Carolina

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Life in Burlington

Burlington, North Carolina is a city in Alamance County. It has a population of more than 50,000 people.

Burlington, North Carolina is known for being the site of the War of The Regulation, which was a revolt against the colonial British government, and predates the American Revolutionary War. Although it was unsuccessful, it may have been a catalyst that helped kick off the wider revolution.

Modernly, Burlington, North Carolina is a thriving, business-friendly community. It hosts the headquarters of LabCorp, one of the largest clinical lab companies in the world, and one of the early pioneers of genetic testing. Burlington is served by a fairly extensive rail network, connecting it to New York, Philadelphia, and Washington, among several other major cities on the East Coast.

The city's daily newspaper is also one of the area's major media outlets.

According to census data, Burlington is an ethnically-diverse community, with significant Hispanic and Asian-American communities.

Given the wide variety of businesses, and relatively large number of residents, in Burlington, North Carolina, it's not surprising that Burlington, North Carolina lawyers typically find their services in demand. Because of the variety of cases they're likely to face, they must be prepared to handle many different types of legal issues, so chances are that there's a Burlington, North Carolina lawyer who can handle your case.

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