Litigation Lawyers in Laconia
The civil litigation system in Laconia, 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 Laconia, 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 Laconia, 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 Laconia, New Hampshire
A majority of personal injury litigation actions in Laconia, 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 Laconia, New Hampshire, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.
In Laconia, New Hampshire, punitive damages are not awarded in most cases. They are normally only awarded when the defendant's actions 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 Laconia, New Hampshire 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.
Nonetheless, in Laconia, New Hampshire, the law places limits on punitive damages. The U.S. Supreme Court has ruled numerous 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.
A good rule of thumb for calculating the upper limit of punitive damages in Laconia, New Hampshire is that punitive damages can be no larger than compensatory damages times ten. This rule is not absolute, of course. Courts in New Hampshire have a good deal of discretion in awarding punitive damages, and will decide them based on the facts of each case. Because of this, punitive damage awards larger than 10 times compensatory damages are occasionally upheld, while much smaller awards have been overturned, because they were deemed excessive in a certain case.
How Can a Laconia, New Hampshire Attorney Help?
In Laconia, 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 are engaged in a case in Laconia, New Hampshire where punitive damages are a possibility, a very large amount of money could be at stake, whether you are the plaintiff or defendant. You should not delay to speak with a civil litigation attorney in Laconia, New Hampshire