Litigation Lawyers in Elmwood Park

The civil litigation system in Elmwood Park, 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 Elmwood Park, 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 Elmwood Park, 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 Elmwood Park, New Jersey

Generally personal injury cases in Elmwood Park, 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 Elmwood Park, New Jersey, this is not enough to justify the award of punitive damages.

Punitive Damages in Elmwood Park, New Jersey are only awarded in cases where the actions of the plaintiff was intentional and highly immoral, or extremely reckless. In Elmwood Park, 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 essential to know that punitive damages in Elmwood Park, 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 sustained by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government acquiring property from the defendant without due process of law.

Typically, in Elmwood Park, 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, nonetheless, 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 Elmwood Park, New Jersey Attorney Help?

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