Litigation Lawyers in Epsom

The civil litigation system in Epsom, New Hampshire 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 Epsom, New Hampshire 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 Epsom, New Hampshire 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 Epsom, New Hampshire

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

In Epsom, New Hampshire, punitive damages are only awarded in extreme cases. 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 Epsom, New Hampshire will consider many different factors. Typically, 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.

It's critical to know that punitive damages in Epsom, New Hampshire 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 suffered by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government taking property from the defendant without due process of law.

In general, punitive damages in Epsom, New Hampshire cannot be more than 10 times larger than the actual damages suffered by the plaintiff. However, 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 determined on a case-by-case basis.

How Can a Epsom, New Hampshire Attorney Help?

In Epsom, New Hampshire, 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 cases that can lead to a punitive damage award.

If you are engaged in a case in Epsom, New Hampshire that you believe might entitle you to punitive damages, a lot of money could be at stake. Thus, if you want to pursue your legal remedies, you should see a Epsom, New Hampshire civil litigation attorney as soon as possible.