Litigation Lawyers in Johnstown

The civil litigation system in Johnstown, 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 Johnstown, 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.

It's important to note that courts in Johnstown, Ohio prefer not to grant punitive damages. This is because the civil justice system is designed mainly to compensate the victims of wrongdoing. Nonetheless, there are some cases where the defendant's conduct was so immoral and evil that civil courts have an interest in making them pay further 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 Johnstown, Ohio

The vast majority of personal injury lawsuits in Johnstown, Ohio involve situations 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 Johnstown, Ohio.

Punitive damages in Johnstown, Ohio are not authorized in many cases. They are only awarded when the defendant's conduct 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 Johnstown, Ohio will be considered. Furthermore, 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.

You should be cognizant of the fact that there are some pretty severe limits on punitive damages in Johnstown, Ohio. The U.S. Supreme Court has found that there are constitutional limits on punitive damage awards. Punitive damages can't be too disproportionate to the actual damages that the plaintiff has suffered. Appeals courts have found that excessive punitive damage awards violate the defendant's right to due process, by depriving them of large amounts of property.

In general, punitive damages in Johnstown, 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 Johnstown, Ohio Attorney Help?

Johnstown, 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 are involved in a case in Johnstown, Ohio that you believe might entitle you to punitive damages, a lot of money could be at stake. So, if you want to pursue your legal remedies, you should see a Johnstown, Ohio civil litigation attorney as soon as possible.