Litigation Lawyers in Brookings

In Brookings, Oregon, civil litigation is not meant to punish wrongdoers, at least that is not its main purpose. Alternatively, 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 Brookings, Oregon will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is identified as "punitive damages."

Courts in Brookings, Oregon 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 Brookings, Oregon

Personal injury litigation doesn't typically carry with it the possibility of punitive damages in Brookings, Oregon, because typically 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 Brookings, Oregon.

In Brookings, Oregon, punitive damages are only awarded in extreme cases. Civil wrongs such as fraud, conversion (theft), battery, and other intentional, depraved acts are sufficient to award punitive damages. In deciding whether or not to award punitive damages, and how much money to award, courts in Brookings, Oregon will consider many different factors. Typically, they employ a sliding scale, weighing the nature of the conduct and the actual harm that the conduct caused. The more immoral the conduct, and/or the more harm caused, the more likely a court is to award punitive damages.

It's critical to know that punitive damages in Brookings, Oregon 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 Brookings, Oregon 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 Oregon 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 Brookings, Oregon Attorney Help?

In Brookings, Oregon, judges and juries have a good deal of leeway in deciding if they want to grant punitive damages, so there are a nearly-unlimited number of cases that can lead to a punitive damage award.

If you have been hurt in Brookings, Oregon and you think punitive damages might be justified, a large amount of money might be at stake. For that reason, you should not delay to consult a civil litigation attorney in Brookings, Oregon.