Suing for Punitive Damages in Scranton

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Litigation Lawyers in Scranton

In Scranton, 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 Scranton, 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."

Courts in Scranton, Pennsylvania do not authorize punitive damages in most cases. The civil litigation system is geared against authorizing financial windfalls to civil plaintiffs. But, there are rare cases, where the defendant has done something to the plaintiff that is so morally reprehensible, that society's interest in punishing the defendant and deterring comparable misconduct outweighs the civil justice system's preference against punitive damages.

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

Mostly personal injury cases in Scranton, Pennsylvania do not involve punitive damages, because the defendant did not intend to cause harm, or act with some other form of malice. Instead, 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 Scranton, Pennsylvania.

Punitive damages in Scranton, Pennsylvania are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Scranton, Pennsylvania courts will consider several factors in considering whether or not to award punitive damages. For instance, the court might employ a sliding scale that weighs the immorality of the defendant's conduct against the actual harm that it caused to the plaintiff, and calculate damages accordingly.

Nonetheless, in Scranton, Pennsylvania, the law places limits on punitive damages. The U.S. Supreme Court has ruled various 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 Scranton, Pennsylvania, punitive damage awards are typically (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 Scranton, Pennsylvania Attorney Help?

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

If you have been injured in Scranton, 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 Scranton, Pennsylvania.

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Life in Scranton

Scranton is located in the northeast region of Pennsylvania. It is in Lackawanna County, with a population of 76,089 people.

An interesting fact is that Scranton is one of the largest former anthracite coal mining communities. Other such communities include Wilkes-Barre, Pittston, and Carbondale.

Some popular attractions include the Scranton Iron Furnaces, The Elecric City Trolley Museum, The Lackawanna Coal Mine at McDade Park, Everhart Museum, Terency Powderly's House, The Houdini Museum, Sno Mountain Ski Resort, and the Masonic Temple.

Scranton is also home to many law offices and small firms that provide legal services in all areas. Residents and businesses can therefore remain rest assured because they do not need to travel far for their legal matters to be handled.

Past famous residents include Bob Degen, Judy McGrath, Alex Grass, Bill O'Reilly, B.F. Skinner, Melanie Smith, and Lizabeth Scott.

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