Litigation Lawyers in Fulton

The civil litigation system in Fulton, New York 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 Fulton, 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 cognizant that courts in Fulton, New York are not especially fond of authorizing 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 Fulton, New York

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

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

It's essential to know that punitive damages in Fulton, New York are subject to limits. The Supreme Court of the United States has held, more than once, that punitive damages can't be grossly disproportionate to the actual harm sustained by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government acquiring property from the defendant without due process of law.

In Fulton, New York, punitive damage awards are normally (but not always) capped at 10 times the amount awarded in compensatory damages. Remember, however, that this is just a basic rule of thumb, and is not completely rigid. In New York, appeals courts have a good deal of discretion in deciding if a punitive damage award is valid or invalid. Much larger awards have been upheld, and smaller awards have been overturned. The validity of a specific punitive damage award will depend heavily on the facts of each case.

How Can a Fulton, New York Attorney Help?

In Fulton, New York, there are a basically unlimited number of situtations in which punitive damages can be awarded.

If you have been hurt in Fulton, New York and you think punitive damages might be justified, a large amount of money might be at stake. For that reason, you should not delay to consult a civil litigation attorney in Fulton, New York.