Litigation Lawyers in Avalon
In Avalon, Pennsylvania, 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 Avalon, Pennsylvania will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is recognized as "punitive damages."
You should be aware that courts in Avalon, Pennsylvania are not particularly fond of granting punitive damages, because they view it as a financial windfall that generally runs counter to civil litigation's primary purpose of compensating victims of wrongdoing for the harm they've suffered. However, if the conduct of the defendant was completely reprehensible and the harm caused was deliberate, a court might impose damages to punish the defendant, known as "punitive damages."
Conduct that can give rise to punitive damages in Avalon, Pennsylvania
Generally personal injury cases in Avalon, Pennsylvania involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for example). In Avalon, Pennsylvania, this is not enough to justify the award of punitive damages.
Punitive Damages in Avalon, Pennsylvania are only awarded in cases where the actions of the plaintiff was intentional and highly immoral, or extremely reckless. In Avalon, Pennsylvania, torts such as fraud, gross negligence, and theft are sufficient to award punitive damages. Courts consider numerous factors when deciding whether or not punitive damages are warranted. Courts will look at the nature of the act, as well as the defendant's intent in performing the act. This will be weighed, on a sliding scale, against the actual harm that the defendant's conduct caused to the plaintiff.
You should be aware of the fact that there are some pretty severe limits on punitive damages in Avalon, Pennsylvania. The U.S. Supreme Court has found that there are constitutional limits on punitive damage awards. Punitive damages can't be too disproportionate to the actual damages that the plaintiff has suffered. Appeals courts have found that excessive punitive damage awards violate the defendant's right to due process, by depriving them of massive amounts of property.
A good rule of thumb for calculating the upper limit of punitive damages in Avalon, Pennsylvania is that punitive damages can be no larger than compensatory damages times ten. This rule is not absolute, of course. Courts in Pennsylvania have a good deal of discretion in awarding punitive damages, and will determine them based on the facts of each case. Because of this, punitive damage awards larger than 10 times compensatory damages are sometimes upheld, while much smaller awards have been overturned, because they were deemed excessive in a particular case.
How Can a Avalon, Pennsylvania Attorney Help?
In Avalon, Pennsylvania, 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 have been harmed in Avalon, Pennsylvania and you think punitive damages might be justified, a large amount of money might be at stake. For that reason, you should not hesitate to consult a civil litigation attorney in Avalon, Pennsylvania.