Suing for Punitive Damages in Toms River

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Litigation Lawyers in Toms River

The civil litigation system in Toms River, 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 Toms River, 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 Toms River, 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 Toms River, New Jersey

Generally personal injury cases in Toms River, 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 Toms River, New Jersey.

Punitive Damages in Toms River, New Jersey are only awarded in cases where the actions of the plaintiff was intentional and highly immoral, or extremely reckless. In Toms River, New Jersey, torts such as fraud, gross negligence, and theft are sufficient to award punitive damages. Courts consider numerous factors when deciding whether or not punitive damages are warranted. Courts will look at the nature of the act, as well as the defendant's intent in performing the act. This will be weighed, on a sliding scale, against the actual harm that the defendant's conduct caused to the plaintiff.

There are limits on punitive damages in Toms River, 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.

Typically, in Toms River, New Jersey, punitive damage awards that exceed the actual damages (those awarded to directly compensate the plaintiff) by a factor of 10. This is not an absolute rule, nonetheless, and is applied on a case-by-case basis. Courts in New Jersey have found much smaller awards to be invalid, and upheld much larger awards.

How Can a Toms River, New Jersey Attorney Help?

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

If you are immersed in a case in Toms River, 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 Toms River, New Jersey

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Life in Toms River

Toms River underwent a name change in November of 2006. Prior to being called Toms River, the city was called the Township of Dover. As of 2010, the city has a population of 91,239 people.

The city is known because in 2006 it was ranked fourteenth amongst the Safest City in the U.S. by Morgan Quitno. Three hundred and sixty-nine cities were surveyed. CQ Press, in 2007 and 2008 also ranked Toms River in their Safest Cities list.

Toms River has been pictured in popular television shows such as MTV's Made and Jersey Shore, as well as Boardwalk Empire on HBO. It has also been pictured in the popular film The Amityville Horror.

The area is home to many attorneys who have established well-respected practices. Therefore, the legal inquiries of residents and local businesses can easily be handled by Toms River's legal force.

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