Litigation Lawyers in Jeannette
In Jeannette, Pennsylvania, civil litigation is not meant to punish wrongdoers, at least that is not its main purpose. Rather, it is designed to ensure that the victims of wrongdoing are given compensation for the harm they've suffered.
Nonetheless, this general principle has a major exception. In rare cases, a Jeannette, Pennsylvania judge or jury can award damages to the plaintiff that are not calculated by the actual losses sustained. Instead, they serve the purpose of punishing the defendant, and deterring others from wrongdoing. These are called "punitive damages."
Punitive Damages in Jeannette, Pennsylvania are not awarded easily, because the civil justice system generally 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 Jeannette, Pennsylvania
Personal injury litigation doesn't usually carry with it the possibility of punitive damages in Jeannette, 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 Jeannette, Pennsylvania.
Punitive Damages in Jeannette, Pennsylvania are only awarded in cases where the conduct of the plaintiff was intentional and highly immoral, or extremely reckless. In Jeannette, 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 Jeannette, 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 Jeannette, 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 Jeannette, Pennsylvania Attorney Help?
In Jeannette, 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 are involved in a case in Jeannette, 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 Jeannette, Pennsylvania civil litigation attorney as soon as possible.