Litigation Lawyers in Scappoose

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

Courts in Scappoose, Oregon 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 Scappoose, Oregon

Generally personal injury cases in Scappoose, Oregon do not involve punitive damages, because the defendant did not intend to cause harm, or act with some other form of malice. Rather, 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 Scappoose, Oregon.

In Scappoose, Oregon, punitive damages are not awarded in most cases. They are usually only awarded when the defendant's behavior 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 Scappoose, Oregon 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.

However, in Scappoose, Oregon, the law places limits on punitive damages. The U.S. Supreme Court has ruled several times that punitive damages cannot be grossly disproportionate to the evil nature of the conduct, and the injuries that the defendant suffered. If they are disproportionate, punitive damages might be considered a deprivation of the defendant's right to due process of law.

In general, punitive damages in Scappoose, Oregon cannot be more than 10 times larger than the actual damages suffered by the plaintiff. However, 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 determined on a case-by-case basis.

How Can a Scappoose, Oregon Attorney Help?

In Scappoose, Oregon, there are a large number of cases 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 Scappoose, Oregon, and are immersed 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 Scappoose, Oregon civil litigation attorney