Litigation Lawyers in Ocean County

The civil litigation system in Ocean County, 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 Ocean 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 Ocean County, 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 Ocean County, New Jersey

A majority of personal injury litigation actions in Ocean County, New Jersey do not involve the possibility of punitive damages, because they typically involve injuries where the defendant is at fault for the harm caused, but did not intend to do any harm. In Ocean County, New Jersey, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.

In Ocean County, 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 Ocean 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 important to know that punitive damages in Ocean 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 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.

Punitive damages in Ocean County, New Jersey typically cannot exceed 10 times the amount of actual damages suffered by the plaintiff. However, this is just a guideline, and not a strict rule. Courts in New Jersey have found larger punitive damage awards to be perfectly valid, and smaller ones to be invalid. This will be highly dependent on the facts of each case.

How Can a Ocean County, New Jersey Attorney Help?

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

If you have been hurt in Ocean County, New Jersey and you think punitive damages might be justified, a large amount of money might be at stake. For that reason, you should not hesitate to consult a civil litigation attorney in Ocean County, New Jersey.