Litigation Lawyers in Salem

In Salem, Ohio, civil litigation is not meant to punish wrongdoers, at least that is not its main purpose. Instead, it is designed to ensure that the victims of wrongdoing are given compensation for the harm they've suffered.

There is an exception to this basic rule, however: in certain cases, a court in Salem, Ohio will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is recognized as "punitive damages."

In Salem, Ohio, punitive damages are not awarded in many cases. This is because the civil litigation system highly disfavors giving money to plaintiffs in amounts disproportionate to the injuries they have suffered. Nonetheless, in some cases, the conduct of the defendant is so reprehensible, that simply punishing the defendant is a worthy goal, and this interest outweighs the preference against giving civil plaintiffs financial windfalls.

Conduct that can give rise to punitive damages in Salem, Ohio

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

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

You should be cognizant of the fact that there are some pretty severe limits on punitive damages in Salem, 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 Salem, 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, nonetheless, 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 Salem, Ohio Attorney Help?

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

If you live in Salem, 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 funds from the person or company that harmed you. To know for sure, you should speak with a civil litigation attorney in Salem, Ohio.