Suing for Punitive Damages in Cincinnati

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Litigation Lawyers in Cincinnati

The civil litigation system in Cincinnati, Ohio 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 Cincinnati, Ohio, 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. Instead, these "punitive damages," as they are called, are meant to punish and deter wrongdoing.

In Cincinnati, Ohio, punitive damages are not awarded in many cases. This is because the civil litigation system highly disfavors giving money to plaintiffs in amounts disproportionate to the injuries they have suffered. Nonetheless, in some cases, the conduct of the defendant is so reprehensible, that simply punishing the defendant is a worthy goal, and this interest outweighs the preference against giving civil plaintiffs financial windfalls.

Conduct that can give rise to punitive damages in Cincinnati, Ohio

Personal injury litigation doesn't usually carry with it the possibility of punitive damages in Cincinnati, Ohio, because mostly personal injury cases stem from harm that was caused accidentally, not deliberately. Accidental harm is not enough to warrant an award of punitive damages in Cincinnati, Ohio.

Punitive Damages in Cincinnati, Ohio are only awarded in cases where the conduct of the plaintiff was intentional and highly immoral, or extremely reckless. In Cincinnati, Ohio, 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 crucial to know that punitive damages in Cincinnati, Ohio 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 general, punitive damages in Cincinnati, Ohio cannot be more than 10 times larger than the actual damages sustained by the plaintiff. Nonetheless, this is not an absolute rule, and appeals courts in Ohio have upheld much larger awards, and found much smaller awards to be invalid. It's decided on a case-by-case basis.

How Can a Cincinnati, Ohio Attorney Help?

Cincinnati, Ohio's courts have wide discretion in awarding punitive damages. Therefore, it is impossible to comprehensively discuss all the situations in which punitive damages can arise.

If you live in Cincinnati, Ohio and are involved in a case that you believe carries the possibility of a punitive damage award, you may be entitled to a large amount of funds from the person or company that injured you. To know for sure, you should speak with a civil litigation attorney in Cincinnati, Ohio.

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Life in Cincinnati

Cincinnati is the county seat of Hamilton County, Ohio. It has a population of over 333,000 which makes it the third-largest city in Ohio (behind Columbus and Cleveland).

In the early 19th Century, when the U.S. was rapidly expanding westward, Cincinnati became the first "boomtown" (a community that experiences sudden and massive population and economic growth) in what was then the western frontier to rival the more-established cities of the East Coast in size and wealth.

Before railroads were common, steamboats which traveled along the country's larger rivers were the predominant method of mass transport. Cincinnati, being near the Ohio River, was a major transportation hub. However, when railroads became more predominant, Cincinnati's importance in the transport industry waned, and it was quickly surpassed in population by nearby cities, such as Chicago.

Modernly, Cincinnati, Ohio is no economic slouch, and hosts headquarters or major satellite offices of many large, multinational corporations, such as Macy's, Proctor and Gamble, and The Kroger Company (a large supermarket chain, and parent company of a few smaller, regional chains).

Being a relatively large city, there are plenty of lawyers in Cincinnati, Ohio who can handle just about any legal problem that can possibly come up. While no single lawyer can handle every type of case, there are enough specialized Cincinnati, Ohio lawyers that there's at least one who can handle yours.

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