Litigation Lawyers in Shaker Heights

In Shaker Heights, Ohio, civil litigation is not meant to punish wrongdoers, at least that is not its main purpose. Alternatively, 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 Shaker Heights, Ohio will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is identified as "punitive damages."

In Shaker Heights, 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 Shaker Heights, Ohio

A majority of personal injury litigation actions in Shaker Heights, 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 Shaker Heights, Ohio, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.

Punitive damages in Shaker Heights, Ohio are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Shaker Heights, Ohio courts will consider various 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 behavior against the actual harm that it caused to the plaintiff, and calculate damages accordingly.

It's crucial to know that punitive damages in Shaker Heights, Ohio are subject to limits. The Supreme Court of the United States has held, more than once, that punitive damages can't be grossly disproportionate to the actual harm sustained by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government acquiring property from the defendant without due process of law.

Usually, in Shaker Heights, 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 Shaker Heights, Ohio Attorney Help?

In Shaker Heights, Ohio, judges and juries have a good deal of leeway in deciding if they want to grant punitive damages, so there are a nearly-unlimited number of cases that can lead to a punitive damage award.

If you live in Shaker Heights, Ohio and are engaged 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 hurt you. To know for sure, you should speak with a civil litigation attorney in Shaker Heights, Ohio.