Litigation Lawyers in Danville

The civil litigation system in Danville, New Hampshire 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 Danville, New Hampshire 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."

You should be cognizant that courts in Danville, New Hampshire 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 Danville, New Hampshire

A majority of personal injury litigation actions in Danville, New Hampshire do not involve the possibility of punitive damages, because they usually involve injuries where the defendant is at fault for the harm caused, but did not intend to do any harm. In Danville, New Hampshire, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.

In Danville, New Hampshire, punitive damages are only awarded in extreme circumstances. 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 Danville, New Hampshire will consider many different factors. Usually, 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.

You should be cognizant of the fact that there are some pretty severe limits on punitive damages in Danville, New Hampshire. The U.S. Supreme Court has found that there are constitutional limits on punitive damage awards. Punitive damages can't be too disproportionate to the actual damages that the plaintiff has suffered. Appeals courts have found that excessive punitive damage awards violate the defendant's right to due process, by depriving them of large amounts of property.

In general, punitive damages in Danville, New Hampshire cannot be more than 10 times larger than the actual damages sustained by the plaintiff. Nonetheless, this is not an absolute rule, and appeals courts in New Hampshire have upheld much larger awards, and found much smaller awards to be invalid. It's decided on a case-by-case basis.

How Can a Danville, New Hampshire Attorney Help?

In Danville, New Hampshire, 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 injured in Danville, New Hampshire 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 Danville, New Hampshire.