Litigation Lawyers in Bangor
In Bangor, 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 Bangor, 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 Bangor, 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 Bangor, Pennsylvania
Generally personal injury cases in Bangor, Pennsylvania involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for example). In Bangor, Pennsylvania, this is not enough to justify the award of punitive damages.
Punitive Damages in Bangor, Pennsylvania are only awarded in cases where the actions of the plaintiff was intentional and highly immoral, or extremely reckless. In Bangor, 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.
It's crucial to know that punitive damages in Bangor, Pennsylvania 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 suffered by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government taking property from the defendant without due process of law.
Typically, in Bangor, Pennsylvania, 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 Pennsylvania have found much smaller awards to be invalid, and upheld much larger awards.
How Can a Bangor, Pennsylvania Attorney Help?
In Bangor, Pennsylvania, there are a virtually unlimited number of situtations in which punitive damages can be awarded.
If you are immersed in a case in Bangor, Pennsylvania 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 Bangor, Pennsylvania civil litigation attorney as soon as possible.