Litigation Lawyers in Clearfield
In Clearfield, Pennsylvania, civil litigation is not meant to punish wrongdoers, at least that is not its primary 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 general rule, however: in some cases, a court in Clearfield, 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 aware that courts in Clearfield, 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 Clearfield, Pennsylvania
A majority of personal injury litigation actions in Clearfield, 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 Clearfield, Pennsylvania, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.
In Clearfield, Pennsylvania, 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 Clearfield, Pennsylvania 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 know that punitive damages in Clearfield, 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.
In Clearfield, Pennsylvania, punitive damage awards are typically (but not always) capped at 10 times the amount awarded in compensatory damages. Remember, however, that this is just a general rule of thumb, and is not completely rigid. In Pennsylvania, appeals courts have a good deal of discretion in deciding if a punitive damage award is valid or invalid. Much larger awards have been upheld, and smaller awards have been overturned. The validity of a particular punitive damage award will depend heavily on the facts of each case.
How Can a Clearfield, Pennsylvania Attorney Help?
Clearfield, Pennsylvania's courts have wide discretion in awarding punitive damages. Accordingly, it is impossible to comprehensively discuss all the situations in which punitive damages can arise.
If you are involved in a case in Clearfield, Pennsylvania that you believe might entitle you to punitive damages, a lot of money could be at stake. So, if you want to pursue your legal remedies, you should see a Clearfield, Pennsylvania civil litigation attorney as soon as possible.