Litigation Lawyers in Bryn Mawr

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

You should be cognizant that courts in Bryn Mawr, Pennsylvania are not especially fond of authorizing 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 Bryn Mawr, Pennsylvania

A majority of personal injury litigation actions in Bryn Mawr, Pennsylvania do not involve the possibility of punitive damages, because they usually involve injuries where the defendant is at fault for the harm caused, but did not intend to do any harm. In Bryn Mawr, Pennsylvania, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.

Punitive damages in Bryn Mawr, Pennsylvania are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Bryn Mawr, Pennsylvania courts will consider several factors in considering whether or not to award punitive damages. For instance, the court might employ a sliding scale that weighs the immorality of the defendant's conduct against the actual harm that it caused to the plaintiff, and calculate damages accordingly.

You should be cognizant of the fact that there are some pretty severe limits on punitive damages in Bryn Mawr, 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 large amounts of property.

A good rule of thumb for calculating the upper limit of punitive damages in Bryn Mawr, 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 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 Bryn Mawr, Pennsylvania Attorney Help?

Bryn Mawr, Pennsylvania's courts have wide discretion in awarding punitive damages. Therefore, it is impossible to comprehensively discuss all the situations in which punitive damages can arise.

If you are located in Bryn Mawr, Pennsylvania, 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 Bryn Mawr, Pennsylvania civil litigation attorney