Litigation Lawyers in Edinboro
In Edinboro, Pennsylvania, civil litigation is not meant to punish wrongdoers, at least that is not its main 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 basic rule, however: in certain cases, a court in Edinboro, 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 cognizant that courts in Edinboro, 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 Edinboro, Pennsylvania
Personal injury litigation doesn't normally carry with it the possibility of punitive damages in Edinboro, Pennsylvania, because generally 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 Edinboro, Pennsylvania.
Punitive Damages in Edinboro, Pennsylvania are only awarded in cases where the actions of the plaintiff was intentional and highly immoral, or extremely reckless. In Edinboro, 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.
Nonetheless, in Edinboro, Pennsylvania, the law places limits on punitive damages. The U.S. Supreme Court has ruled numerous times that punitive damages cannot be grossly disproportionate to the evil nature of the conduct, and the injuries that the defendant suffered. If they are disproportionate, punitive damages might be considered a deprivation of the defendant's right to due process of law.
In general, punitive damages in Edinboro, Pennsylvania cannot be more than 10 times larger than the actual damages sustained by the plaintiff. Nonetheless, this is not an absolute rule, and appeals courts in Pennsylvania have upheld much larger awards, and found much smaller awards to be invalid. It's decided on a case-by-case basis.
How Can a Edinboro, Pennsylvania Attorney Help?
In Edinboro, Pennsylvania, there are a large variety of situations in which punitive damages are appropriate, because the decision to grant punitive damages is largely up to the discretion of the jury.
If you have been harmed in Edinboro, Pennsylvania and you think punitive damages might be justified, a large amount of money might be at stake. For that reason, you should not delay to consult a civil litigation attorney in Edinboro, Pennsylvania.