Suing for Punitive Damages in Lancaster

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Litigation Lawyers in Lancaster

The civil litigation system in Lancaster, 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 Lancaster, 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 critical to note that courts in Lancaster, 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 Lancaster, Ohio

Typically personal injury cases in Lancaster, Ohio involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for example). In Lancaster, Ohio, this is not enough to justify the award of punitive damages.

Punitive damages in Lancaster, Ohio are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Lancaster, Ohio courts will consider various factors in considering whether or not to award punitive damages. For example, the court might employ a sliding scale that weighs the immorality of the defendant's behavior against the actual harm that it caused to the plaintiff, and calculate damages accordingly.

It's critical to note that in Lancaster, Ohio, punitive damages are not unlimited. The Supreme Court has repeatedly held that punitive damages cannot be hugely disproportionate to the amount awarded to compensate the plaintiff for the actual injuries they suffered. If the punitive damages are extremely excessive, an appeals court might rule that they amount to a deprivation of property without due process of law, or a de facto criminal punishment, without affording the defendant the protections available in criminal cases.

A good rule of thumb for calculating the upper limit of punitive damages in Lancaster, Ohio is that punitive damages can be no larger than compensatory damages times ten. This rule is not absolute, of course. Courts in Ohio have a good deal of discretion in awarding punitive damages, and will determine them based on the facts of each case. Because of this, punitive damage awards larger than 10 times compensatory damages are sometimes upheld, while much smaller awards have been overturned, because they were deemed excessive in a particular case.

How Can a Lancaster, Ohio Attorney Help?

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

If you are located in Lancaster, Ohio, and are engaged 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 Lancaster, Ohio civil litigation attorney

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Life in Lancaster

Lancaster, Ohio is a city located in Fairfield County, Ohio. It has a population of about 35,000 people, as of the 2000 Census.

Several Native American tribes populated the area now known as Lancaster thousands of years before the arrival of European settlers. European settlement of the area began in Earnest in the 1790s, at the earliest stages of America's westward expansion. Most early settlers of Lancaster, Ohio were of German descent, and emigrated from bordering Pennsylvania.

Lancaster rapidly grew as an agricultural center, and the canals that were being built in the region provided an easy way to quickly ship its produce to the large markets on the East Coast of the U.S.

Modernly, Lancaster is notable for its blend of 19th Century architecture, along with its natural beauty, with several nearby attractions (such as lakes and mountains) providing opportunities for hiking, swimming, and camping. Lancaster is also home to companies in several different manufacturing sectors, including glass.

As with any small-to-medium-sized American city, Lancaster has a fairly developed and tight-knit legal community. Lancaster, Ohio lawyers are well trained, experienced, and competent. They can handle just about any case that you might have.

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