Litigation Lawyers in Bartlesville

In Bartlesville, Oklahoma, 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 Bartlesville, Oklahoma will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is recognized as "punitive damages."

In Bartlesville, Oklahoma, 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 Bartlesville, Oklahoma

Personal injury litigation doesn't normally carry with it the possibility of punitive damages in Bartlesville, Oklahoma, because generally personal injury cases stem from harm that was caused accidentally, not deliberately. Accidental harm is not enough to warrant an award of punitive damages in Bartlesville, Oklahoma.

Punitive Damages in Bartlesville, Oklahoma are only awarded in cases where the actions of the plaintiff was intentional and highly immoral, or extremely reckless. In Bartlesville, Oklahoma, torts such as fraud, gross negligence, and theft are sufficient to award punitive damages. Courts consider numerous factors when deciding whether or not punitive damages are warranted. Courts will look at the nature of the act, as well as the defendant's intent in performing the act. This will be weighed, on a sliding scale, against the actual harm that the defendant's conduct caused to the plaintiff.

It's essential to know that punitive damages in Bartlesville, Oklahoma 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.

In general, punitive damages in Bartlesville, Oklahoma cannot be more than 10 times larger than the actual damages sustained by the plaintiff. Nonetheless, this is not an absolute rule, and appeals courts in Oklahoma have upheld much larger awards, and found much smaller awards to be invalid. It's decided on a case-by-case basis.

How Can a Bartlesville, Oklahoma Attorney Help?

In Bartlesville, Oklahoma, 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 situations that can lead to a punitive damage award.

If you have been harmed in Bartlesville, Oklahoma and you think punitive damages might be justified, a large amount of money might be at stake. For that reason, you should not delay to consult a civil litigation attorney in Bartlesville, Oklahoma.