Litigation Lawyers in Manchester
The civil litigation system in Manchester, 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 Manchester, 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 Manchester, 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 Manchester, New Hampshire
A majority of personal injury litigation actions in Manchester, 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 Manchester, New Hampshire, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.
In Manchester, 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 Manchester, 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.
It's critical to know that punitive damages in Manchester, 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.
Punitive damages in Manchester, New Hampshire typically cannot exceed 10 times the amount of actual damages suffered by the plaintiff. However, this is just a guideline, and not a strict rule. Courts in New Hampshire have found larger punitive damage awards to be perfectly valid, and smaller ones to be invalid. This will be highly dependent on the facts of each case.
How Can a Manchester, New Hampshire Attorney Help?
In Manchester, New Hampshire, there are a essentially unlimited number of situtations in which punitive damages can be awarded.
If you are located in Manchester, New Hampshire, and are engaged in a case that you think, based on the information conveyed above, that might have punitive damages as an option, you can't be sure what, if anything, you're entitled to from the defendant until you consult with a Manchester, New Hampshire civil litigation attorney