Litigation Lawyers in Conover
The civil litigation system in Conover, 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 Conover, 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 Conover, 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 Conover, North Carolina
Personal injury litigation doesn't typically carry with it the possibility of punitive damages in Conover, 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 Conover, North Carolina.
In Conover, North Carolina, punitive damages are only awarded in extreme cases. Civil wrongs such as fraud, conversion (theft), battery, and other intentional, depraved acts are sufficient to award punitive damages. In deciding whether or not to award punitive damages, and how much money to award, courts in Conover, North Carolina will consider many different factors. Typically, they employ a sliding scale, weighing the nature of the conduct and the actual harm that the conduct caused. The more immoral the conduct, and/or the more harm caused, the more likely a court is to award punitive damages.
There are limits on punitive damages in Conover, 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.
A good rule of thumb for calculating the upper limit of punitive damages in Conover, 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 Conover, North Carolina Attorney Help?
In Conover, 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 have been hurt in Conover, North Carolina and you think punitive damages might be justified, a large amount of money might be at stake. For that reason, you should not delay to consult a civil litigation attorney in Conover, North Carolina.