Litigation Lawyers in Niskayuna
The civil litigation system in Niskayuna, 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.
Of course, there are exceptions to this rule. In Niskayuna, New York, courts will, in relatively rare cases, require defendants to pay plaintiffs sums of money which aren't calculated by the actual harm and costs the plaintiff has incurred. Rather, these "punitive damages," as they are called, are meant to punish and deter wrongdoing.
Punitive Damages in Niskayuna, New York are not awarded lightly, because the civil justice system typically 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 Niskayuna, New York
A majority of personal injury litigation actions in Niskayuna, New York do not involve the possibility of punitive damages, because they normally involve injuries where the defendant is at fault for the harm caused, but did not intend to do any harm. In Niskayuna, New York, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.
In Niskayuna, New York, punitive damages are only awarded in extreme situations. Civil wrongs such as fraud, conversion (theft), battery, and other intentional, depraved acts are sufficient to award punitive damages. In deciding whether or not to award punitive damages, and how much money to award, courts in Niskayuna, New York will consider many different factors. Normally, they employ a sliding scale, weighing the nature of the conduct and the actual harm that the conduct caused. The more immoral the conduct, and/or the more harm caused, the more likely a court is to award punitive damages.
It's necessary to know that punitive damages in Niskayuna, 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 suffered by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government taking property from the defendant without due process of law.
Punitive damages in Niskayuna, New York normally cannot exceed 10 times the amount of actual damages suffered by the plaintiff. However, this is just a guideline, and not a strict rule. Courts in New York have found larger punitive damage awards to be perfectly valid, and smaller ones to be invalid. This will be highly dependent on the facts of each case.
How Can a Niskayuna, New York Attorney Help?
In Niskayuna, New York, there are a virtually unlimited number of situtations in which punitive damages can be awarded.
If you are located in Niskayuna, New York, and are immersed in a case that you think, based on the information conveyed above, that might have punitive damages as an option, you can't be sure what, if anything, you're entitled to from the defendant until you consult with a Niskayuna, New York civil litigation attorney