Litigation Lawyers in Folcroft

In Folcroft, Pennsylvania, civil litigation is not meant to punish wrongdoers, at least that is not its primary purpose. Instead, it is designed to ensure that the victims of wrongdoing are given compensation for the harm they've suffered.

However, this general principle has a major exception. In rare cases, a Folcroft, Pennsylvania judge or jury can award damages to the plaintiff that are not calculated by the actual losses suffered. Instead, they serve the purpose of punishing the defendant, and deterring others from wrongdoing. These are called "punitive damages."

Punitive Damages in Folcroft, Pennsylvania are not awarded lightly, because the civil justice system typically disfavors giving plaintiffs financial windfalls not directly related to compensating them for their injuries. They are usually only awarded when the conduct of the defendant is morally reprehensible, and far worse than simple carelessness.

Conduct that can give rise to punitive damages in Folcroft, Pennsylvania

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

In Folcroft, Pennsylvania, punitive damages are only awarded in extreme situations. 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 Folcroft, Pennsylvania will consider many different factors. Normally, 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 necessary to know that punitive damages in Folcroft, 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 general, punitive damages in Folcroft, Pennsylvania cannot be more than 10 times larger than the actual damages suffered by the plaintiff. However, 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 determined on a case-by-case basis.

How Can a Folcroft, Pennsylvania Attorney Help?

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

If you live in Folcroft, Pennsylvania and are immersed 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 harmed you. To know for sure, you should speak with a civil litigation attorney in Folcroft, Pennsylvania.