Litigation Lawyers in East Stroudsburg

In East Stroudsburg, 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 East Stroudsburg, 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 East Stroudsburg, 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 East Stroudsburg, Pennsylvania

Personal injury litigation doesn't usually carry with it the possibility of punitive damages in East Stroudsburg, Pennsylvania, because mostly 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 East Stroudsburg, Pennsylvania.

Punitive Damages in East Stroudsburg, Pennsylvania are only awarded in cases where the conduct of the plaintiff was intentional and highly immoral, or extremely reckless. In East Stroudsburg, 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.

There are limits on punitive damages in East Stroudsburg, Pennsylvania. The Supreme Court has held that punitive damage awards which are grossly disproportionate to the immorality of the conduct, and the harm that it caused, are an unconstitutional deprivation of property without due process of law.

Generally, in East Stroudsburg, 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 East Stroudsburg, Pennsylvania Attorney Help?

The law of East Stroudsburg, Pennsylvania doesn't lay out many strict conditions which are required before punitive damages can be granted. Instead, it largely leaves it to the discretion of the courts. So, there are many situations where they might be awarded.

If you live in East Stroudsburg, Pennsylvania and are involved 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 injured you. To know for sure, you should speak with a civil litigation attorney in East Stroudsburg, Pennsylvania.