Suing for Punitive Damages in Vineland

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Litigation Lawyers in Vineland

The civil litigation system in Vineland, 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 Vineland, 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 Vineland, New Jersey are not awarded easily, because the civil justice system generally 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 Vineland, New Jersey

Mostly personal injury cases in Vineland, New Jersey do not involve punitive damages, because the defendant did not intend to cause harm, or act with some other form of malice. Instead, 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 Vineland, New Jersey.

Punitive Damages in Vineland, New Jersey are only awarded in cases where the conduct of the plaintiff was intentional and highly immoral, or extremely reckless. In Vineland, 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.

Nonetheless, in Vineland, New Jersey, the law places limits on punitive damages. The U.S. Supreme Court has ruled numerous 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 Vineland, New Jersey cannot be more than 10 times larger than the actual damages sustained by the plaintiff. Nonetheless, 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 decided on a case-by-case basis.

How Can a Vineland, New Jersey Attorney Help?

The law of Vineland, 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 live in Vineland, New Jersey and are involved in a case that you believe carries the possibility of a punitive damage award, you may be entitled to a large amount of funds from the person or company that injured you. To know for sure, you should speak with a civil litigation attorney in Vineland, New Jersey.

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Life in Vineland

Vineland is the largest city in the state of New Jersey, encompassing just over sixty nine square miles. Vineland is located in Cumberland County and has a population of just over 57,000 residents. Vineland gets its name after the city's fertile soil, which is perfect for growing grapes.

Not surprisingly, Vineland was the birthplace of giant juice producer Welch's Grape Juice. Vineland is also home to the Vineland Produce Auction -- the east coast's largest farmers cooperative. Other points of interest in Vineland include: the site of New Jersey's only drive-in theatre, and the Palace of the Great Depression. Not all grapes, the city has a bustling downtown and also has an Urban Enterprise Zone which gives a 31/2% reduced sales tax to shoppers that purchase goods in the zone. Vineland is also home to a thriving legal community, with some of the Garden State's top lawyers practicing their craft there. Vineland lawyers are skilled in a range of legal specialties and able to help their local clients with any legal problem he or she may be facing. In addition to a booming legal practices, other Vineland professionals such as doctors and lawyers are also contributing to the city's overall growing professional community.

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