Litigation Lawyers in Tamaqua
In Tamaqua, 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 Tamaqua, 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 Tamaqua, 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 Tamaqua, Pennsylvania
Generally personal injury cases in Tamaqua, 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 Tamaqua, Pennsylvania.
In Tamaqua, Pennsylvania, punitive damages are not awarded in most cases. They are usually only awarded when the defendant's behavior was so reckless or deplorable that punishment of the defendant is warranted. Acts such as battery, fraud, and defamation (in some cases) are usually considered sufficient in Tamaqua, Pennsylvania to justify punitive damages. In deciding whether to award punitive damages, and how much to award, the two most important factors the court looks at will be the level of immorality of the act, as well as the actual harm that the plaintiff suffered as a result of the defendant's conduct.
Nonetheless, in Tamaqua, 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 Tamaqua, 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 Tamaqua, Pennsylvania Attorney Help?
In Tamaqua, Pennsylvania, judges and juries have a good deal of leeway in deciding if they want to grant punitive damages, so there are a nearly-unlimited number of situations that can lead to a punitive damage award.
If you are immersed in a case in Tamaqua, 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 Tamaqua, Pennsylvania civil litigation attorney as soon as possible.