Litigation Lawyers in Red Bank
The civil litigation system in Red Bank, 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 Red Bank, 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 Red Bank, New Jersey are not awarded easily, because the civil justice system typically 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 Red Bank, New Jersey
Generally personal injury cases in Red Bank, New Jersey do not involve punitive damages, because the defendant did not intend to cause harm, or act with some other form of malice. Rather, most of these cases involve situations where the defendant acted carelessly, but did not actually intend to cause harm. This is enough to award compensatory damages, but it is far from sufficient to award punitive damages in Red Bank, New Jersey.
In Red Bank, New Jersey, punitive damages are only awarded in extreme situations. Civil wrongs such as fraud, conversion (theft), battery, and other intentional, depraved acts are sufficient to award punitive damages. In deciding whether or not to award punitive damages, and how much money to award, courts in Red Bank, New Jersey will consider many different factors. Normally, they employ a sliding scale, weighing the nature of the conduct and the actual harm that the conduct caused. The more immoral the conduct, and/or the more harm caused, the more likely a court is to award punitive damages.
There are limits on punitive damages in Red Bank, 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.
Punitive damages in Red Bank, New Jersey normally cannot surpass 10 times the amount of actual damages suffered by the plaintiff. Nonetheless, 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 strongly dependent on the facts of each case.
How Can a Red Bank, New Jersey Attorney Help?
Red Bank, New Jersey's courts have wide discretion in awarding punitive damages. Therefore, it is impractical to comprehensively discuss all the situations in which punitive damages can arise.
If you are immersed in a case in Red Bank, New Jersey where punitive damages are a possibility, a very large amount of money could be at stake, whether you are the plaintiff or defendant. You should not delay to speak with a civil litigation attorney in Red Bank, New Jersey