Litigation Lawyers in Pennsville

The civil litigation system in Pennsville, 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 Pennsville, 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 Pennsville, 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 Pennsville, New Jersey

A majority of personal injury litigation actions in Pennsville, 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 Pennsville, New Jersey, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.

Punitive damages in Pennsville, 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 Pennsville, 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.

However, in Pennsville, New Jersey, the law places limits on punitive damages. The U.S. Supreme Court has ruled many times that punitive damages cannot be grossly disproportionate to the evil nature of the conduct, and the injuries that the defendant suffered. If they are disproportionate, punitive damages might be considered a deprivation of the defendant's right to due process of law.

In general, punitive damages in Pennsville, New Jersey cannot be more than 10 times larger than the actual damages suffered by the plaintiff. However, 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 determined on a case-by-case basis.

How Can a Pennsville, New Jersey Attorney Help?

The law of Pennsville, New Jersey doesn't lay out many strict conditions which are required before punitive damages can be granted. Instead, it largely leaves it to the discretion of the courts. So, there are many situations where they might be awarded.

If you live in Pennsville, 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 Pennsville, New Jersey.