Suing for Punitive Damages in Kettering

Find the right Litigation attorney in Kettering, OH

Litigation Lawyers in Kettering

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

It's crucial to note that courts in Kettering, 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 Kettering, Ohio

The vast majority of personal injury lawsuits in Kettering, Ohio involve instances 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 Kettering, Ohio.

Punitive damages in Kettering, Ohio are not granted in many cases. They are only awarded when the defendant's actions 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 Kettering, Ohio will be considered. Additionally, 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 aware of the fact that there are some pretty severe limits on punitive damages in Kettering, 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 massive amounts of property.

Typically, in Kettering, Ohio, punitive damage awards that exceed the actual damages (those awarded to directly compensate the plaintiff) by a factor of 10. This is not an absolute rule, however, and is applied on a case-by-case basis. Courts in Ohio have found much smaller awards to be invalid, and upheld much larger awards.

How Can a Kettering, Ohio Attorney Help?

The law of Kettering, Ohio doesn't lay out many strict conditions which are required before punitive damages can be granted. Instead, it largely leaves it to the discretion of the courts. So, there are many situations where they might be awarded.

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

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Life in Kettering

Kettering lies in both Greene and Montgomery County. It is a suburb of Ohio, nearby Dayton. The suburb is of decent size, with an approximate population of 56,170 people.

The suburb has three popular attractions. First is Fraze Pavilion, which is an outdoor entertainment venue. Next is Dayton Philharmonic, which is also an entertainment venue. Lastly, there is the Town and County Shopping Center, a great open-air mall to do some shopping and grab some food!

Famous residents include Tony P. Hall, John Paxson, Jim Paxson, Brooklyn Decker, Brady Hoke, and Kim Richey.

Kettering is also home to some attorneys. These attorneys are able to provide residents with excellent legal guidance, as well as referrals, if need be.

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