Litigation Lawyers in Demarest
The civil litigation system in Demarest, 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.
This basic principle is subject to an significant exception, however. There are cases where a judge in Demarest, New Jersey will order a defendant to pay the plaintiff a sum of money which is not calculated based on actual harm the plaintiff has suffered. These are called "punitive damages" and serve the purpose of punishing and deterring wrongdoing.
Punitive Damages in Demarest, New Jersey are not awarded easily, because the civil justice system typically disfavors giving plaintiffs financial windfalls not directly related to compensating them for their injuries. They are usually only awarded when the conduct of the defendant is morally reprehensible, and far worse than simple carelessness.
Conduct that can give rise to punitive damages in Demarest, New Jersey
Generally personal injury cases in Demarest, New Jersey involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for instance). In Demarest, New Jersey, this is not enough to justify the award of punitive damages.
Punitive Damages in Demarest, New Jersey are only awarded in cases where the actions of the plaintiff was intentional and highly immoral, or extremely reckless. In Demarest, 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.
You should be cognizant of the fact that there are some pretty severe limits on punitive damages in Demarest, New Jersey. The U.S. Supreme Court has found that there are constitutional limits on punitive damage awards. Punitive damages can't be too disproportionate to the actual damages that the plaintiff has suffered. Appeals courts have found that excessive punitive damage awards violate the defendant's right to due process, by depriving them of massive amounts of property.
A good rule of thumb for calculating the upper limit of punitive damages in Demarest, 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 Demarest, New Jersey Attorney Help?
In Demarest, New Jersey, there are a basically unlimited number of situtations in which punitive damages can be awarded.
If you live in Demarest, New Jersey and are immersed in a case that you believe carries the possibility of a punitive damage award, you may be entitled to a large amount of funds from the person or company that harmed you. To know for sure, you should speak with a civil litigation attorney in Demarest, New Jersey.