Litigation Lawyers in Portsmouth
The civil litigation system in Portsmouth, 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 Portsmouth, 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. Instead, these "punitive damages," as they are called, are meant to punish and deter wrongdoing.
It's important to note that courts in Portsmouth, 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 Portsmouth, Ohio
A majority of personal injury litigation actions in Portsmouth, Ohio do not involve the possibility of punitive damages, because they usually involve injuries where the defendant is at fault for the harm caused, but did not intend to do any harm. In Portsmouth, Ohio, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.
Punitive damages in Portsmouth, Ohio are not granted 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 Portsmouth, 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.
There are limits on punitive damages in Portsmouth, 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.
Generally, in Portsmouth, 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 Portsmouth, Ohio Attorney Help?
The law of Portsmouth, 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 several situations where they might be awarded.
If you are involved in a case in Portsmouth, Ohio where punitive damages are a possibility, a very large amount of money could be at stake, whether you are the plaintiff or defendant. You should not hesitate to speak with a civil litigation attorney in Portsmouth, Ohio