Litigation Lawyers in Salisbury
The civil litigation system in Salisbury, 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.
Nonetheless, this general principle has a major exception. In rare cases, a Salisbury, North Carolina judge or jury can award damages to the plaintiff that are not calculated by the actual losses sustained. Instead, they serve the purpose of punishing the defendant, and deterring others from wrongdoing. These are called "punitive damages."
Punitive Damages in Salisbury, North Carolina are not awarded easily, because the civil justice system typically disfavors giving plaintiffs financial windfalls not directly related to compensating them for their injuries. They are usually only awarded when the conduct of the defendant is morally reprehensible, and far worse than simple carelessness.
Conduct that can give rise to punitive damages in Salisbury, North Carolina
Personal injury litigation doesn't normally carry with it the possibility of punitive damages in Salisbury, 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 Salisbury, North Carolina.
Punitive damages in Salisbury, North Carolina are not authorized in many cases. They are only awarded when the defendant's actions was so deplorable and deliberate (but not necessarily criminal) that punishment is warranted. Fraud, battery, conversion (theft) and other intentional, insidious acts are usually required before punitive damages in Salisbury, North Carolina will be considered. Additionally, in deciding how much to award in punitive damages, a court will consider 2 main factors: the insidious nature of the defendant's conduct, and the actual harm that the plaintiff suffered as a result.
Nonetheless, in Salisbury, 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.
In Salisbury, North Carolina, punitive damage awards are usually (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 Salisbury, North Carolina Attorney Help?
In Salisbury, North Carolina, there are a practically unlimited number of situtations in which punitive damages can be awarded.
If you have been harmed in Salisbury, 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 Salisbury, North Carolina.