Litigation Lawyers in Dauphin County

In Dauphin County, Pennsylvania, civil litigation is not meant to punish wrongdoers, at least that is not its primary purpose. Alternatively, 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 Dauphin County, Pennsylvania will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is identified as "punitive damages."

You should be aware that courts in Dauphin County, 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 Dauphin County, Pennsylvania

Personal injury litigation doesn't typically carry with it the possibility of punitive damages in Dauphin County, Pennsylvania, because typically personal injury cases stem from harm that was caused accidentally, not deliberately. Accidental harm is not enough to warrant an award of punitive damages in Dauphin County, Pennsylvania.

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

It's critical to note that in Dauphin County, Pennsylvania, punitive damages are not unlimited. The Supreme Court has repeatedly held that punitive damages cannot be hugely disproportionate to the amount awarded to compensate the plaintiff for the actual injuries they suffered. If the punitive damages are extremely excessive, an appeals court might rule that they amount to a deprivation of property without due process of law, or a de facto criminal punishment, without affording the defendant the protections available in criminal cases.

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

Dauphin County, Pennsylvania's courts have wide discretion in awarding punitive damages. Accordingly, it is unrealistic to comprehensively discuss all the situations in which punitive damages can arise.

If you live in Dauphin County, Pennsylvania and are engaged in a case that you believe carries the possibility of a punitive damage award, you may be entitled to a large amount of money from the person or company that hurt you. To know for sure, you should speak with a civil litigation attorney in Dauphin County, Pennsylvania.