Litigation Lawyers in Ogallala
The civil litigation system in Ogallala, Nebraska is designed to provide compensation for individuals who are injured because of the unlawful conduct of others. It is not much concerned with punishing or deterring wrongdoers.
However, this general principle has a major exception. In rare cases, a Ogallala, Nebraska judge or jury can award damages to the plaintiff that are not calculated by the actual losses suffered. Instead, they serve the purpose of punishing the defendant, and deterring others from wrongdoing. These are called "punitive damages."
You should be aware that courts in Ogallala, Nebraska are not particularly fond of granting 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 Ogallala, Nebraska
The vast majority of personal injury lawsuits in Ogallala, Nebraska involve instances in which the defendant did not intend to harm the plaintiff, but did so through carelessness. This is not enough to award punitive damages in Ogallala, Nebraska.
Punitive Damages in Ogallala, Nebraska are only awarded in cases where the actions of the plaintiff was intentional and highly immoral, or extremely reckless. In Ogallala, Nebraska, 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.
However, in Ogallala, Nebraska, the law places limits on punitive damages. The U.S. Supreme Court has ruled many 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 Ogallala, Nebraska, 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 general rule of thumb, and is not completely rigid. In Nebraska, 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 particular punitive damage award will depend heavily on the facts of each case.
How Can a Ogallala, Nebraska Attorney Help?
In Ogallala, Nebraska, there are a large number of cases 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 harmed in Ogallala, Nebraska and you think punitive damages might be justified, a large amount of money might be at stake. For that reason, you should not hesitate to consult a civil litigation attorney in Ogallala, Nebraska.