Litigation Lawyers in Gaston County
The civil litigation system in Gaston County, 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 Gaston County, 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 Gaston County, 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 Gaston County, North Carolina
Personal injury litigation doesn't usually carry with it the possibility of punitive damages in Gaston County, 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 Gaston County, North Carolina.
Punitive Damages in Gaston County, North Carolina are only awarded in cases where the conduct of the plaintiff was intentional and highly immoral, or extremely reckless. In Gaston County, North Carolina, torts such as fraud, gross negligence, and theft are sufficient to award punitive damages. Courts consider numerous factors when deciding whether or not punitive damages are warranted. Courts will look at the nature of the act, as well as the defendant's intent in performing the act. This will be weighed, on a sliding scale, against the actual harm that the defendant's conduct caused to the plaintiff.
It's crucial to know that punitive damages in Gaston County, 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.
Generally, in Gaston County, North Carolina, punitive damage awards that exceed the actual damages (those awarded to directly compensate the plaintiff) by a factor of 10. This is not an absolute rule, nonetheless, and is applied on a case-by-case basis. Courts in North Carolina have found much smaller awards to be invalid, and upheld much larger awards.
How Can a Gaston County, North Carolina Attorney Help?
In Gaston County, North Carolina, there are a basically unlimited number of situtations in which punitive damages can be awarded.
If you are located in Gaston County, North Carolina, and are involved in a case that you think, based on the information conveyed above, that might have punitive damages as an option, you can't be sure what, if anything, you're entitled to from the defendant until you consult with a Gaston County, North Carolina civil litigation attorney