Litigation Lawyers in Jersey Shore
In Jersey Shore, 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.
However, this general principle has a major exception. In rare cases, a Jersey Shore, 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 Jersey Shore, Pennsylvania are not awarded lightly, because the civil justice system usually 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 Jersey Shore, Pennsylvania
Personal injury litigation doesn't typically carry with it the possibility of punitive damages in Jersey Shore, 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 Jersey Shore, Pennsylvania.
Punitive Damages in Jersey Shore, Pennsylvania are only awarded in cases where the behavior of the plaintiff was intentional and highly immoral, or extremely reckless. In Jersey Shore, 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.
However, in Jersey Shore, Pennsylvania, the law places limits on punitive damages. The U.S. Supreme Court has ruled several 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 Jersey Shore, Pennsylvania, punitive damage awards are normally (but not always) capped at 10 times the amount awarded in compensatory damages. Remember, however, that this is just a general rule of thumb, and is not completely rigid. In Pennsylvania, appeals courts have a good deal of discretion in deciding if a punitive damage award is valid or invalid. Much larger awards have been upheld, and smaller awards have been overturned. The validity of a particular punitive damage award will depend heavily on the facts of each case.
How Can a Jersey Shore, Pennsylvania Attorney Help?
The law of Jersey Shore, 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 several situations where they might be awarded.
If you live in Jersey Shore, 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 Jersey Shore, Pennsylvania.