Litigation Lawyers in Lake Grove

The civil litigation system in Lake Grove, 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.

Of course, there are exceptions to this rule. In Lake Grove, New York, courts will, in fairly rare cases, require defendants to pay plaintiffs sums of money which aren't calculated by the actual harm and costs the plaintiff has incurred. Alternatively, these "punitive damages," as they are called, are meant to punish and deter wrongdoing.

Punitive Damages in Lake Grove, New York are not awarded easily, 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 Lake Grove, New York

Typically personal injury cases in Lake Grove, 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 Lake Grove, New York, this is not enough to justify the award of punitive damages.

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

In Lake Grove, 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 Lake Grove, New York Attorney Help?

Lake Grove, New York's courts have wide discretion in awarding punitive damages. Therefore, it is unrealistic to comprehensively discuss all the situations in which punitive damages can arise.

If you are engaged in a case in Lake Grove, New York where punitive damages are a possibility, a very large amount of money could be at stake, whether you are the plaintiff or defendant. You should not delay to speak with a civil litigation attorney in Lake Grove, New York