Litigation Lawyers in Newberg

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

Courts in Newberg, 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 Newberg, Oregon

Mostly personal injury cases in Newberg, Oregon do not involve punitive damages, because the defendant did not intend to cause harm, or act with some other form of malice. Instead, most of these cases involve situations where the defendant acted carelessly, but did not actually intend to cause harm. This is enough to award compensatory damages, but it is far from sufficient to award punitive damages in Newberg, Oregon.

In Newberg, Oregon, punitive damages are only awarded in extreme circumstances. 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 Newberg, Oregon will consider many different factors. Usually, 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 note that in Newberg, Oregon, 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.

A good rule of thumb for calculating the upper limit of punitive damages in Newberg, Oregon is that punitive damages can be no larger than compensatory damages times ten. This rule is not absolute, of course. Courts in Oregon have a good deal of discretion in awarding punitive damages, and will decide them based on the facts of each case. Because of this, punitive damage awards larger than 10 times compensatory damages are occasionally upheld, while much smaller awards have been overturned, because they were deemed excessive in a certain case.

How Can a Newberg, Oregon Attorney Help?

In Newberg, Oregon, there are a basically unlimited number of situtations in which punitive damages can be awarded.

If you are located in Newberg, Oregon, 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 Newberg, Oregon civil litigation attorney