Suing for Punitive Damages in Franklin

Find the right Litigation attorney in Franklin, NJ

Litigation Lawyers in Franklin

The civil litigation system in Franklin, 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 Franklin, 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 Franklin, New Jersey are not awarded easily, because the civil justice system usually 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 Franklin, New Jersey

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

In Franklin, New Jersey, punitive damages are not awarded in most cases. They are normally only awarded when the defendant's actions was so reckless or deplorable that punishment of the defendant is warranted. Acts such as battery, fraud, and defamation (in some cases) are usually considered sufficient in Franklin, New Jersey to justify punitive damages. In deciding whether to award punitive damages, and how much to award, the two most important factors the court looks at will be the level of immorality of the act, as well as the actual harm that the plaintiff suffered as a result of the defendant's conduct.

There are limits on punitive damages in Franklin, 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 Franklin, 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 Franklin, New Jersey Attorney Help?

In Franklin, New Jersey, judges and juries have a good deal of leeway in deciding if they want to grant punitive damages, so there are a nearly-unlimited number of cases that can lead to a punitive damage award.

If you live in Franklin, New Jersey and are engaged 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 hurt you. To know for sure, you should speak with a civil litigation attorney in Franklin, New Jersey.

Talk to a Law Attorney now!

Life in Franklin

Franklin is located in Sussex County, New Jersey. As of 2010, its population is 5,045 people. Franklin's nickname is the "Fluorescent Mineral Capital of the World," because it's location is over rich land that has over one hundred and fifty minerals. Many of the minerals are fluorescent, hence the name, and twenty-five of the minerals are found nowhere else on earth! Therefore, Franklin is a very special place.

The largest employer is the New Jersey Zinc Company. Earlier, smaller companies mined zing and iron in Franklin. In the early nineteenth century, zinc deposits were found in Franklin. Since then, zinc has become significant for the Franklin economy. The smaller companies merged into one large effort via the New Jersey Zinc Company, formed in 1897.

A few attorneys call Franklin home. These attorneys serve as a source of legal guidance for Franklin residents.

Overall, Franklin is a small city filled with history and rich in culture and minerals!

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