Suing for Punitive Damages in Winston Salem

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Litigation Lawyers in Winston Salem

The civil litigation system in Winston Salem, 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 Winston Salem, 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 Winston Salem, North Carolina are not awarded easily, because the civil justice system generally 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 Winston Salem, North Carolina

Mostly personal injury cases in Winston Salem, North Carolina do not involve punitive damages, because the defendant did not intend to cause harm, or act with some other form of malice. Instead, most of these cases involve situations where the defendant acted carelessly, but did not actually intend to cause harm. This is enough to award compensatory damages, but it is far from sufficient to award punitive damages in Winston Salem, North Carolina.

In Winston Salem, North Carolina, punitive damages are not awarded in most cases. They are typically only awarded when the defendant's conduct was so reckless or deplorable that punishment of the defendant is warranted. Acts such as battery, fraud, and defamation (in some cases) are usually considered sufficient in Winston Salem, North Carolina to justify punitive damages. In deciding whether to award punitive damages, and how much to award, the two most important factors the court looks at will be the level of immorality of the act, as well as the actual harm that the plaintiff suffered as a result of the defendant's conduct.

There are limits on punitive damages in Winston Salem, 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.

Punitive damages in Winston Salem, 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 Winston Salem, North Carolina Attorney Help?

In Winston Salem, North Carolina, judges and juries have a good deal of leeway in deciding if they want to grant punitive damages, so there are a nearly-unlimited number of circumstances that can lead to a punitive damage award.

If you are involved in a case in Winston Salem, North Carolina that you believe might entitle you to punitive damages, a lot of money could be at stake. So, if you want to pursue your legal remedies, you should see a Winston Salem, North Carolina civil litigation attorney as soon as possible.

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Life in Winston Salem

Winston-Salem is the largest city in the State of North Carolina and the seat of Forsyth County. It's likely you know Winston-Salem for it's historic role in the tobacco trade. It's been nicknamed "Camel City" in reference to tobacco, "City of the Arts" for the commitment to fine arts and theater, and called simply "The Dash" by many locals.

Winston-Salem offers the Reynolda House Museum of American Art. The Reynolda House was built by Katharine Smith and R.J. Reynolds in 1917 and was recently restored with help from the R.J. Reynolds Tobacco Company.

Additionally, Winston-Salem offers the Southeastern Center for Contemporary Art (SECCA) for visitors who flock to town for Nationally recognized festivals like the National Black Theatre Festival, RiverRun International Film Festival, and the Reynolda Film Festival started by local Wake Forest students in 2007.

A number of Winston-Salem residents are drawn to the city because there are many outstanding schools. Wake Forest University, Winston-Salem State University, University of North Carolina School of the Arts, Salem College, Piedmont Baptist College, Winston-Salem Bible College, and Forsyth Technical Community College are all located within city limits.

As the seat of Forsyth County, Winston-Salem is responsible for playing host to a bevy of government facilities including legislative and legal facilities. Forsyth County Courts are located in Winston-Salem, along with city courts, which are responsible for handling most cases that arise in the area including personal injury lawsuit, wrongful termination, divorce, and criminal cases.

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