Suing for Punitive Damages in Wayne

Find the right Litigation attorney in Wayne, NJ

Litigation Lawyers in Wayne

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

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

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

However, in Wayne, New Jersey, the law places limits on punitive damages. The U.S. Supreme Court has ruled several 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.

A good rule of thumb for calculating the upper limit of punitive damages in Wayne, New Jersey is that punitive damages can be no larger than compensatory damages times ten. This rule is not absolute, of course. Courts in New Jersey have a good deal of discretion in awarding punitive damages, and will determine them based on the facts of each case. Because of this, punitive damage awards larger than 10 times compensatory damages are sometimes upheld, while much smaller awards have been overturned, because they were deemed excessive in a particular case.

How Can a Wayne, New Jersey Attorney Help?

In Wayne, New Jersey, there are an essentially unlimited number of situtations in which punitive damages can be awarded.

If you live in Wayne, 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 Wayne, New Jersey.

Talk to a Law Attorney now!

Life in Wayne

Wayne New Jersey is a beautiful Garden State city located just fifteen miles from midtown Manhattan -- making it a perfect city for the city worker to live in. With a population of over 55,000, it looks like many people may be doing just that! The city of Wayne has also been listed on the Top 100 places to live. Wayne is home to the Toys "R" Us corporate headquarters as well as the Valley National Bank headquarters. The city also houses the Ice Vault rink where many Olympians can be seen practicing on a regular basis. Wayne is home to a wide variety of activities for their residents to enjoy, including: recreational facilities, lake communities, a state university, and several parks.

Wayne is also a popular location for many lawyers to set up their practice. Specializing in a range of skills, Wayne lawyers are some of the top in the business and ready to help serve their client in whatever capacity he or she is needed! Wayne lawyers are just one more aspect that makes this city such a wonderful place to live in!

Clients Rate LegalMatch Attorneys
(click to read reviews)

Howard B.
Howard B.

Business - Litigation

Rye Brook, NY

Mark B.
Mark B.

Business - Litigation

Roseland, NJ

David A.
David A.

Business - Litigation

Walnut Creek, CA