Suing for Punitive Damages in Lakewood

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Litigation Lawyers in Lakewood

The civil litigation system in Lakewood, 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 Lakewood, 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 Lakewood, New Jersey are not awarded lightly, 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 Lakewood, New Jersey

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

Punitive damages in Lakewood, New Jersey are not granted in many cases. They are only awarded when the defendant's behavior was so deplorable and deliberate (but not necessarily criminal) that punishment is warranted. Fraud, battery, conversion (theft) and other intentional, insidious acts are usually required before punitive damages in Lakewood, New Jersey will be considered. Moreover, in deciding how much to award in punitive damages, a court will consider 2 main factors: the insidious nature of the defendant's conduct, and the actual harm that the plaintiff suffered as a result.

It's crucial to note that in Lakewood, New Jersey, punitive damages are not unlimited. The Supreme Court has repeatedly held that punitive damages cannot be hugely disproportionate to the amount awarded to compensate the plaintiff for the actual injuries they suffered. If the punitive damages are extremely excessive, an appeals court might rule that they amount to a deprivation of property without due process of law, or a de facto criminal punishment, without affording the defendant the protections available in criminal cases.

In Lakewood, New Jersey, punitive damage awards are normally (but not always) capped at 10 times the amount awarded in compensatory damages. Remember, however, that this is just a general rule of thumb, and is not completely rigid. In New Jersey, appeals courts have a good deal of discretion in deciding if a punitive damage award is valid or invalid. Much larger awards have been upheld, and smaller awards have been overturned. The validity of a particular punitive damage award will depend heavily on the facts of each case.

How Can a Lakewood, New Jersey Attorney Help?

Lakewood, New Jersey's courts have wide discretion in awarding punitive damages. Accordingly, it is unrealistic to comprehensively discuss all the situations in which punitive damages can arise.

If you live in Lakewood, 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 money from the person or company that hurt you. To know for sure, you should speak with a civil litigation attorney in Lakewood, New Jersey.

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Life in Lakewood

Lakewood, New Jersey is a township located in Ocean County. Its current population estimate is about 60,000 people.

In the early 1900s, Lakewood was a popular place for New Yorkers to visit in the winter, because it has a unique microclimate which makes it significantly warmer in the winter than surrounding areas. It is home to a lake, and large wooded areas, making it a popular place to visit year-round.

Modernly, portions of Lakewood are designated as Urban Enterprise Zones. These are special areas seen by the state government as being in need of economic development. Businesses are encouraged to open in these Zones through tax and regulatory breaks, and consumers are encouraged to buy goods and services because they have a lower sales tax rate than other parts of the state. The sales tax in these Enterprise Zones is half the statewide rate, which should serve as a major incentive for consumers to shop there.

If you live in or near Lakewood Township, New Jersey, there's a good chance that you'll be able to find a lawyer to handle virtually any legal issue you might be facing. Lakewood, New Jersey lawyers are well-trained and competent, and chances are good that there's at least one Lakewood, New Jersey lawyer who can handle whatever legal problem you present them with.

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