Suing for Punitive Damages in Charlotte

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Litigation Lawyers in Charlotte

The civil litigation system in Charlotte, 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 Charlotte, 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 Charlotte, 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 Charlotte, North Carolina

Personal injury litigation doesn't usually carry with it the possibility of punitive damages in Charlotte, 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 Charlotte, North Carolina.

Punitive damages in Charlotte, North Carolina are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Charlotte, 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 crucial to know that punitive damages in Charlotte, North Carolina are subject to limits. The Supreme Court of the United States has held, more than once, that punitive damages can't be grossly disproportionate to the actual harm sustained by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government acquiring property from the defendant without due process of law.

Punitive damages in Charlotte, North Carolina usually cannot surpass 10 times the amount of actual damages suffered by the plaintiff. Nonetheless, 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 strongly dependent on the facts of each case.

How Can a Charlotte, North Carolina Attorney Help?

Charlotte, 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 Charlotte, 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 Charlotte, North Carolina

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Life in Charlotte

Charlotte, North Carolina is the seventeenth largest city in the U.S. with a population of approximately 1,754, 524. What is interesting is that Charlotte has become a major financial center in the U.S. being the second largest banking center in the country after New York City. That being said, it is natural that Charlotte has a strong legal presence. Charlotte is filled with many law firms that practice in all areas of law. Thus, Charlotte residents will always have their legal needs met with sharp attorneys and competent law firms.

If one wants to take a break from the financial and legal industry, there are a lot of attractions to see! Popular attractions include the US National Whitewater Center, the NASCAR Hall of Fame, the Levine Museum of the New South, Mint Museum Uptown, UNC Botanical Gardens, Charlotte Museum of History, and the Charlotte Bobcats Arena. Evidently, Charlotte has something for everyone and is definitely a place worth visiting.

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