Litigation Lawyers in Dannemora
The civil litigation system in Dannemora, New York 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 Dannemora, New York 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.
You should be aware that courts in Dannemora, New York are not particularly fond of granting punitive damages, because they view it as a financial windfall that generally runs counter to civil litigation's primary purpose of compensating victims of wrongdoing for the harm they've suffered. However, if the conduct of the defendant was completely reprehensible and the harm caused was deliberate, a court might impose damages to punish the defendant, known as "punitive damages."
Conduct that can give rise to punitive damages in Dannemora, New York
The vast majority of personal injury lawsuits in Dannemora, New York involve cases in which the defendant did not intend to harm the plaintiff, but did so through carelessness. This is not enough to award punitive damages in Dannemora, New York.
In Dannemora, New York, punitive damages are not awarded in most cases. They are normally only awarded when the defendant's actions was so reckless or deplorable that punishment of the defendant is warranted. Acts such as battery, fraud, and defamation (in some cases) are usually considered sufficient in Dannemora, New York to justify punitive damages. In deciding whether to award punitive damages, and how much to award, the two most important factors the court looks at will be the level of immorality of the act, as well as the actual harm that the plaintiff suffered as a result of the defendant's conduct.
It's essential to note that in Dannemora, New York, punitive damages are not unlimited. The Supreme Court has repeatedly held that punitive damages cannot be hugely disproportionate to the amount awarded to compensate the plaintiff for the actual injuries they suffered. If the punitive damages are extremely excessive, an appeals court might rule that they amount to a deprivation of property without due process of law, or a de facto criminal punishment, without affording the defendant the protections available in criminal cases.
In general, punitive damages in Dannemora, New York 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 York 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 Dannemora, New York Attorney Help?
Dannemora, New York's courts have wide discretion in awarding punitive damages. Accordingly, it is unrealistic to comprehensively discuss all the situations in which punitive damages can arise.
If you live in Dannemora, New York 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 Dannemora, New York.