Litigation Lawyers in Bloomingdale
The civil litigation system in Bloomingdale, New Jersey 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 Bloomingdale, New Jersey 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 Bloomingdale, New Jersey 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 Bloomingdale, New Jersey
Personal injury litigation doesn't usually carry with it the possibility of punitive damages in Bloomingdale, New Jersey, because mostly 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 Bloomingdale, New Jersey.
Punitive Damages in Bloomingdale, New Jersey are only awarded in cases where the conduct of the plaintiff was intentional and highly immoral, or extremely reckless. In Bloomingdale, New Jersey, torts such as fraud, gross negligence, and theft are sufficient to award punitive damages. Courts consider numerous factors when deciding whether or not punitive damages are warranted. Courts will look at the nature of the act, as well as the defendant's intent in performing the act. This will be weighed, on a sliding scale, against the actual harm that the defendant's conduct caused to the plaintiff.
There are limits on punitive damages in Bloomingdale, New Jersey. The Supreme Court has held that punitive damage awards which are grossly disproportionate to the immorality of the conduct, and the harm that it caused, are an unconstitutional deprivation of property without due process of law.
A good rule of thumb for calculating the upper limit of punitive damages in Bloomingdale, New Jersey is that punitive damages can be no larger than compensatory damages times ten. This rule is not absolute, of course. Courts in New Jersey 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 Bloomingdale, New Jersey Attorney Help?
In Bloomingdale, New Jersey, 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 Bloomingdale, New Jersey 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 Bloomingdale, New Jersey.