Litigation Lawyers in Highland Heights

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

It's necessary to note that courts in Highland Heights, Ohio prefer not to grant punitive damages. This is because the civil justice system is designed primarily to compensate the victims of wrongdoing. However, there are some cases where the defendant's conduct was so immoral and evil that civil courts have an interest in making them pay additional damages, going above and beyond what's needed to compensate the victim, in order to serve as a deterrent.

Conduct that can give rise to punitive damages in Highland Heights, Ohio

The vast majority of personal injury lawsuits in Highland Heights, Ohio involve cases in which the defendant did not intend to harm the plaintiff, but did so through carelessness. This is not enough to award punitive damages in Highland Heights, Ohio.

Punitive damages in Highland Heights, Ohio are not granted in many cases. They are only awarded when the defendant's behavior was so deplorable and deliberate (but not necessarily criminal) that punishment is warranted. Fraud, battery, conversion (theft) and other intentional, insidious acts are usually required before punitive damages in Highland Heights, Ohio will be considered. Moreover, in deciding how much to award in punitive damages, a court will consider 2 main factors: the insidious nature of the defendant's conduct, and the actual harm that the plaintiff suffered as a result.

However, in Highland Heights, Ohio, the law places limits on punitive damages. The U.S. Supreme Court has ruled several times that punitive damages cannot be grossly disproportionate to the evil nature of the conduct, and the injuries that the defendant suffered. If they are disproportionate, punitive damages might be considered a deprivation of the defendant's right to due process of law.

In general, punitive damages in Highland Heights, Ohio cannot be more than 10 times larger than the actual damages suffered by the plaintiff. However, 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 determined on a case-by-case basis.

How Can a Highland Heights, Ohio Attorney Help?

In Highland Heights, Ohio, 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 have been hurt in Highland Heights, Ohio and you think punitive damages might be justified, a large amount of money might be at stake. For that reason, you should not hesitate to consult a civil litigation attorney in Highland Heights, Ohio.