Litigation Lawyers in Newcastle
In Newcastle, Oklahoma, civil litigation is not meant to punish wrongdoers, at least that is not its primary 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 general rule, however: in some cases, a court in Newcastle, Oklahoma will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is recognized as "punitive damages."
Courts in Newcastle, Oklahoma do not grant punitive damages in most cases. The civil litigation system is geared against granting financial windfalls to civil plaintiffs. But, there are rare cases, where the defendant has done something to the plaintiff that is so morally reprehensible, that society's interest in punishing the defendant and deterring similar misconduct outweighs the civil justice system's preference against punitive damages.
Conduct that can give rise to punitive damages in Newcastle, Oklahoma
Generally personal injury cases in Newcastle, Oklahoma involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for example). In Newcastle, Oklahoma, this is not enough to justify the award of punitive damages.
Punitive damages in Newcastle, Oklahoma are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Newcastle, Oklahoma courts will consider many factors in considering whether or not to award punitive damages. For example, 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.
It's essential to know that punitive damages in Newcastle, 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.
Punitive damages in Newcastle, Oklahoma normally cannot exceed 10 times the amount of actual damages suffered by the plaintiff. However, this is just a guideline, and not a strict rule. Courts in Oklahoma have found larger punitive damage awards to be perfectly valid, and smaller ones to be invalid. This will be highly dependent on the facts of each case.
How Can a Newcastle, Oklahoma Attorney Help?
In Newcastle, Oklahoma, there are a virtually unlimited number of situtations in which punitive damages can be awarded.
If you are located in Newcastle, Oklahoma, and are immersed in a case that you think, based on the information conveyed above, that might have punitive damages as an option, you can't be sure what, if anything, you're entitled to from the defendant until you consult with a Newcastle, Oklahoma civil litigation attorney