Litigation Lawyers in Warr Acres

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

Courts in Warr Acres, 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 Warr Acres, Oklahoma

Personal injury litigation doesn't normally carry with it the possibility of punitive damages in Warr Acres, 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 Warr Acres, Oklahoma.

Punitive damages in Warr Acres, Oklahoma are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Warr Acres, 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 important to note that in Warr Acres, Oklahoma, punitive damages are not unlimited. The Supreme Court has repeatedly held that punitive damages cannot be hugely disproportionate to the amount awarded to compensate the plaintiff for the actual injuries they suffered. If the punitive damages are extremely excessive, an appeals court might rule that they amount to a deprivation of property without due process of law, or a de facto criminal punishment, without affording the defendant the protections available in criminal cases.

Typically, in Warr Acres, 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 Warr Acres, Oklahoma Attorney Help?

In Warr Acres, Oklahoma, there are a virtually unlimited number of situtations in which punitive damages can be awarded.

If you are immersed in a case in Warr Acres, Oklahoma that you believe might entitle you to punitive damages, a lot of money could be at stake. Therefore, if you want to pursue your legal remedies, you should see a Warr Acres, Oklahoma civil litigation attorney as soon as possible.