Suing for Punitive Damages in Elizabeth

Find the right Litigation attorney in Elizabeth, NJ

Litigation Lawyers in Elizabeth

The civil litigation system in Elizabeth, 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 Elizabeth, 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 Elizabeth, 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 Elizabeth, New Jersey

Mostly personal injury cases in Elizabeth, 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 Elizabeth, New Jersey, this is not enough to justify the award of punitive damages.

Punitive Damages in Elizabeth, New Jersey are only awarded in cases where the conduct of the plaintiff was intentional and highly immoral, or extremely reckless. In Elizabeth, 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 important to know that punitive damages in Elizabeth, 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.

Generally, in Elizabeth, New Jersey, punitive damage awards that exceed the actual damages (those awarded to directly compensate the plaintiff) by a factor of 10. This is not an absolute rule, however, and is applied on a case-by-case basis. Courts in New Jersey have found much smaller awards to be invalid, and upheld much larger awards.

How Can a Elizabeth, New Jersey Attorney Help?

In Elizabeth, New Jersey, there are a virtually unlimited number of situtations in which punitive damages can be awarded.

If you are involved in a case in Elizabeth, New Jersey that you believe might entitle you to punitive damages, a lot of money could be at stake. So, if you want to pursue your legal remedies, you should see a Elizabeth, New Jersey civil litigation attorney as soon as possible.

Talk to a Law Attorney now!

Life in Elizabeth

Elizabeth, New Jersey is located in Union County and has a population of over 124,000 people. Elizabeth is the 4th largest city in New Jersey and also serves as the county seat for Union County. In 2008, Popular Science Magazine rated Elizabeth, New Jersey as one of the 50 Greenest Cities in America. It is also one of the nation's oldest cities, being founded in the year 1655 and incorporated in March of 1855.

The city of Elizabeth, New Jersey is a unique combination of business and residential developments. A few examples of Elizabeth's major employers include Bayway Refinery and Newark Liberty International Airport. The Jersey Gardens outlet mall and the Elizabeth Center also generate large amounts of revenue.

Elizabeth, New Jersey is filled with U.S. historical landmarks. Residents and tourists can learn about American history at places such as Liberty Hall Museum. Liberty Hall is a historic mansion built in 1772 by William Livingston, one of the signers of the U.S. Constitution. Many notable U.S. persons were born and raised in Elizabeth, such as author Judy Blume and Poet Joe Weil.

Lawyers in Elizabeth, New Jersey offer assistance for a variety of legal matters and issues. The Union County Courthouse Complex is located in Elizabeth. Many Elizabeth attorneys resolve legal disputes at the courthouse.

Clients Rate LegalMatch Attorneys
(click to read reviews)

Howard B.
Howard B.

Business - Litigation

Rye Brook, NY

Mark B.
Mark B.

Business - Litigation

Roseland, NJ

David A.
David A.

Business - Litigation

Walnut Creek, CA

Gotham Light