Litigation Lawyers in Atlantic Highlands
The civil litigation system in Atlantic Highlands, New Jersey 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, an Atlantic Highlands, New Jersey 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 Atlantic Highlands, New Jersey 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 Atlantic Highlands, New Jersey
Personal injury litigation doesn't typically carry with it the possibility of punitive damages in Atlantic Highlands, New Jersey, because typically personal injury cases stem from harm that was caused accidentally, not deliberately. Accidental harm is not enough to warrant an award of punitive damages in Atlantic Highlands, New Jersey.
In Atlantic Highlands, New Jersey, 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 Atlantic Highlands, New Jersey 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 crucial to know that punitive damages in Atlantic Highlands, New Jersey 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 Atlantic Highlands, New Jersey 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 Jersey 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 Atlantic Highlands, New Jersey Attorney Help?
In Atlantic Highlands, New Jersey, 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 are engaged in a case in Atlantic Highlands, New Jersey 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 an Atlantic Highlands, New Jersey civil litigation attorney as soon as possible.