Litigation Lawyers in Purcell

In Purcell, Oklahoma, civil litigation is not meant to punish wrongdoers, at least that is not its main 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 basic rule, however: in certain cases, a court in Purcell, Oklahoma will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is known as "punitive damages."

Courts in Purcell, Oklahoma do not authorize punitive damages in most cases. The civil litigation system is geared against authorizing 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 comparable misconduct outweighs the civil justice system's preference against punitive damages.

Conduct that can give rise to punitive damages in Purcell, Oklahoma

Mostly personal injury cases in Purcell, Oklahoma involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for instance). In Purcell, Oklahoma, this is not enough to justify the award of punitive damages.

In Purcell, Oklahoma, punitive damages are not awarded in most cases. They are typically only awarded when the defendant's conduct was so reckless or deplorable that punishment of the defendant is warranted. Acts such as battery, fraud, and defamation (in some cases) are usually considered sufficient in Purcell, Oklahoma to justify punitive damages. In deciding whether to award punitive damages, and how much to award, the two most important factors the court looks at will be the level of immorality of the act, as well as the actual harm that the plaintiff suffered as a result of the defendant's conduct.

It's essential to know that punitive damages in Purcell, 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 Purcell, 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 Purcell, Oklahoma Attorney Help?

In Purcell, Oklahoma, there are a large variety of situations in which punitive damages are appropriate, because the decision to grant punitive damages is largely up to the discretion of the jury.

If you are located in Purcell, Oklahoma, and are involved 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 Purcell, Oklahoma civil litigation attorney