Litigation Lawyers in Carolina Beach
The civil litigation system in Carolina Beach, 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 Carolina Beach, 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 cognizant that courts in Carolina Beach, 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 Carolina Beach, North Carolina
Personal injury litigation doesn't usually carry with it the possibility of punitive damages in Carolina Beach, North Carolina, because mostly 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 Carolina Beach, North Carolina.
Punitive damages in Carolina Beach, North Carolina are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Carolina Beach, North Carolina courts will consider several 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 conduct against the actual harm that it caused to the plaintiff, and calculate damages accordingly.
It's essential to note that in Carolina Beach, North Carolina, 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 Carolina Beach, North Carolina, punitive damage awards are typically (but not always) capped at 10 times the amount awarded in compensatory damages. Remember, however, that this is just a basic rule of thumb, and is not completely rigid. In North Carolina, 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 specific punitive damage award will depend heavily on the facts of each case.
How Can a Carolina Beach, North Carolina Attorney Help?
Carolina Beach, North Carolina's courts have wide discretion in awarding punitive damages. Therefore, it is impossible to comprehensively discuss all the situations in which punitive damages can arise.
If you are involved in a case in Carolina Beach, 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 Carolina Beach, North Carolina