Litigation Lawyers in Painesville

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

It's critical to note that courts in Painesville, 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 Painesville, Ohio

A majority of personal injury litigation actions in Painesville, Ohio do not involve the possibility of punitive damages, because they typically involve injuries where the defendant is at fault for the harm caused, but did not intend to do any harm. In Painesville, Ohio, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.

In Painesville, Ohio, punitive damages are only awarded in extreme cases. Civil wrongs such as fraud, conversion (theft), battery, and other intentional, depraved acts are sufficient to award punitive damages. In deciding whether or not to award punitive damages, and how much money to award, courts in Painesville, Ohio will consider many different factors. Typically, they employ a sliding scale, weighing the nature of the conduct and the actual harm that the conduct caused. The more immoral the conduct, and/or the more harm caused, the more likely a court is to award punitive damages.

There are limits on punitive damages in Painesville, Ohio. The Supreme Court has held that punitive damage awards which are grossly disproportionate to the immorality of the conduct, and the harm that it caused, are an unconstitutional deprivation of property without due process of law.

A good rule of thumb for calculating the upper limit of punitive damages in Painesville, 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 decide them based on the facts of each case. Because of this, punitive damage awards larger than 10 times compensatory damages are occasionally upheld, while much smaller awards have been overturned, because they were deemed excessive in a certain case.

How Can a Painesville, Ohio Attorney Help?

In Painesville, Ohio, there are a large variety of situations in which punitive damages are appropriate, because the decision to grant punitive damages is largely up to the discretion of the jury.

If you are located in Painesville, 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 Painesville, Ohio civil litigation attorney