Litigation Lawyers in Sallisaw

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

Courts in Sallisaw, 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 Sallisaw, Oklahoma

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

Punitive damages in Sallisaw, Oklahoma are not granted in many cases. They are only awarded when the defendant's conduct was so deplorable and deliberate (but not necessarily criminal) that punishment is warranted. Fraud, battery, conversion (theft) and other intentional, insidious acts are usually required before punitive damages in Sallisaw, Oklahoma will be considered. Furthermore, in deciding how much to award in punitive damages, a court will consider 2 main factors: the insidious nature of the defendant's conduct, and the actual harm that the plaintiff suffered as a result.

There are limits on punitive damages in Sallisaw, Oklahoma. The Supreme Court has held that punitive damage awards which are grossly disproportionate to the immorality of the conduct, and the harm that it caused, are an unconstitutional deprivation of property without due process of law.

Generally, in Sallisaw, Oklahoma, 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, however, and is applied on a case-by-case basis. Courts in Oklahoma have found much smaller awards to be invalid, and upheld much larger awards.

How Can a Sallisaw, Oklahoma Attorney Help?

The law of Sallisaw, Oklahoma doesn't lay out many strict conditions which are required before punitive damages can be granted. Instead, it largely leaves it to the discretion of the courts. So, there are several situations where they might be awarded.

If you are located in Sallisaw, 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 Sallisaw, Oklahoma civil litigation attorney