Litigation Lawyers in Limerick

In Limerick, 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.

Nonetheless, this general principle has a major exception. In rare cases, a Limerick, 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 Limerick, Pennsylvania are not awarded easily, 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 Limerick, Pennsylvania

Generally personal injury cases in Limerick, Pennsylvania do not involve punitive damages, because the defendant did not intend to cause harm, or act with some other form of malice. Rather, most of these cases involve situations where the defendant acted carelessly, but did not actually intend to cause harm. This is enough to award compensatory damages, but it is far from sufficient to award punitive damages in Limerick, Pennsylvania.

In Limerick, 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 Limerick, 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 crucial to note that in Limerick, Pennsylvania, punitive damages are not unlimited. The Supreme Court has repeatedly held that punitive damages cannot be hugely disproportionate to the amount awarded to compensate the plaintiff for the actual injuries they suffered. If the punitive damages are extremely excessive, an appeals court might rule that they amount to a deprivation of property without due process of law, or a de facto criminal punishment, without affording the defendant the protections available in criminal cases.

In Limerick, Pennsylvania, punitive damage awards are usually (but not always) capped at 10 times the amount awarded in compensatory damages. Remember, however, that this is just a basic 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 specific punitive damage award will depend heavily on the facts of each case.

How Can a Limerick, Pennsylvania Attorney Help?

In Limerick, Pennsylvania, there are a basically unlimited number of situtations in which punitive damages can be awarded.

If you are immersed in a case in Limerick, Pennsylvania that you believe might entitle you to punitive damages, a lot of money could be at stake. Therefore, if you want to pursue your legal remedies, you should see a Limerick, Pennsylvania civil litigation attorney as soon as possible.