Litigation Lawyers in East Rutherford
The civil litigation system in East Rutherford, 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.
This general principle is subject to an important exception, however. There are cases where a judge in East Rutherford, 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 East Rutherford, New Jersey are not awarded lightly, because the civil justice system generally 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 East Rutherford, New Jersey
Mostly personal injury cases in East Rutherford, New Jersey involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for example). In East Rutherford, New Jersey, this is not enough to justify the award of punitive damages.
Punitive Damages in East Rutherford, New Jersey are only awarded in cases where the conduct of the plaintiff was intentional and highly immoral, or extremely reckless. In East Rutherford, 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.
It's critical to know that punitive damages in East Rutherford, 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 East Rutherford, 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 East Rutherford, New Jersey Attorney Help?
In East Rutherford, 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 located in East Rutherford, New Jersey, and are involved 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 East Rutherford, New Jersey civil litigation attorney