Litigation Lawyers in Fairport

The civil litigation system in Fairport, 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 Fairport, 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 Fairport, 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 Fairport, New York

Typically personal injury cases in Fairport, New York involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for example). In Fairport, New York, this is not enough to justify the award of punitive damages.

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

Usually, in Fairport, New York, 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, however, and is applied on a case-by-case basis. Courts in New York have found much smaller awards to be invalid, and upheld much larger awards.

How Can a Fairport, New York Attorney Help?

In Fairport, New York, there are a large number of cases in which punitive damages are appropriate, because the decision to grant punitive damages is largely up to the discretion of the jury.

If you are engaged in a case in Fairport, New York that you believe might entitle you to punitive damages, a lot of money could be at stake. Thus, if you want to pursue your legal remedies, you should see a Fairport, New York civil litigation attorney as soon as possible.