Litigation Lawyers in Gloucester County
The civil litigation system in Gloucester County, 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 Gloucester County, 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 Gloucester County, New Jersey are not awarded easily, 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 Gloucester County, New Jersey
Mostly personal injury cases in Gloucester County, 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 Gloucester County, New Jersey, this is not enough to justify the award of punitive damages.
In Gloucester County, New Jersey, punitive damages are not awarded in most cases. They are typically only awarded when the defendant's conduct 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 Gloucester County, 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.
It's essential to know that punitive damages in Gloucester County, 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.
In general, punitive damages in Gloucester County, New Jersey cannot be more than 10 times larger than the actual damages sustained by the plaintiff. Nonetheless, 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 decided on a case-by-case basis.
How Can a Gloucester County, New Jersey Attorney Help?
Gloucester County, New Jersey's courts have wide discretion in awarding punitive damages. Therefore, it is impossible to comprehensively discuss all the situations in which punitive damages can arise.
If you are involved in a case in Gloucester County, 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 Gloucester County, New Jersey civil litigation attorney as soon as possible.