Litigation Lawyers in Bixby
In Bixby, Oklahoma, civil litigation is not meant to punish wrongdoers, at least that is not its primary purpose. Rather, 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 general rule, however: in some cases, a court in Bixby, Oklahoma will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is known as "punitive damages."
In Bixby, Oklahoma, punitive damages are not awarded in many cases. This is because the civil litigation system strongly disfavors giving money to plaintiffs in amounts disproportionate to the injuries they have suffered. However, 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 Bixby, Oklahoma
Personal injury litigation doesn't usually carry with it the possibility of punitive damages in Bixby, Oklahoma, because mostly 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 Bixby, Oklahoma.
Punitive Damages in Bixby, Oklahoma are only awarded in cases where the conduct of the plaintiff was intentional and highly immoral, or extremely reckless. In Bixby, 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 critical to know that punitive damages in Bixby, 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 suffered by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government taking property from the defendant without due process of law.
In Bixby, Oklahoma, punitive damage awards are typically (but not always) capped at 10 times the amount awarded in compensatory damages. Remember, however, that this is just a general rule of thumb, and is not completely rigid. In Oklahoma, appeals courts have a good deal of discretion in deciding if a punitive damage award is valid or invalid. Much larger awards have been upheld, and smaller awards have been overturned. The validity of a particular punitive damage award will depend heavily on the facts of each case.
How Can a Bixby, Oklahoma Attorney Help?
In Bixby, Oklahoma, there are a virtually unlimited number of situtations in which punitive damages can be awarded.
If you have been injured in Bixby, Oklahoma and you think punitive damages might be justified, a large amount of money might be at stake. For that reason, you should not hesitate to consult a civil litigation attorney in Bixby, Oklahoma.