Suing for Punitive Damages in Wilkes Barre

Find the right Litigation attorney in Wilkes Barre, PA

Litigation Lawyers in Wilkes Barre

In Wilkes Barre, Pennsylvania, civil litigation is not meant to punish wrongdoers, at least that is not its primary purpose. Instead, 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 Wilkes Barre, 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."

You should be aware that courts in Wilkes Barre, Pennsylvania are not particularly fond of granting punitive damages, because they view it as a financial windfall that generally runs counter to civil litigation's primary purpose of compensating victims of wrongdoing for the harm they've suffered. However, if the conduct of the defendant was completely reprehensible and the harm caused was deliberate, a court might impose damages to punish the defendant, known as "punitive damages."

Conduct that can give rise to punitive damages in Wilkes Barre, Pennsylvania

The vast majority of personal injury lawsuits in Wilkes Barre, Pennsylvania involve instances in which the defendant did not intend to harm the plaintiff, but did so through carelessness. This is not enough to award punitive damages in Wilkes Barre, Pennsylvania.

In Wilkes Barre, 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 Wilkes Barre, 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.

It's essential to note that in Wilkes Barre, 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 general, punitive damages in Wilkes Barre, Pennsylvania cannot be more than 10 times larger than the actual damages suffered by the plaintiff. However, 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 determined on a case-by-case basis.

How Can a Wilkes Barre, Pennsylvania Attorney Help?

In Wilkes Barre, 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 have been harmed in Wilkes Barre, Pennsylvania and you think punitive damages might be justified, a large amount of money might be at stake. For that reason, you should not hesitate to consult a civil litigation attorney in Wilkes Barre, Pennsylvania.

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Life in Wilkes Barre

Wilkes-Barre, population 43,000, is located in Luzerne County in the state of Pennsylvania. The city recently celebrated the 200th anniversary of its incorporation in 1806. Wilkes-Barre belongs to the Scranton-Wilkes Barre Pennsylvania Metropolitan Statistical Area.

As the county seat, Wilkes-Barre is an important economic and residential hub for Luzerne County. It features a blend of historic sites with modern technological accommodations. For example, popular places to visit in Wilkes-Barre include the Frederick Stegmaier Mansion and the Little Theatre of Wilkes-Barre. Luzerne County Museum is also located in the city.

Wilkes-Barre is also an excellent place for education and advancement opportunities. Wilkes University and King's College, which were both recently expanded, can be found in the city. Also, several large employers like GUARD Insurance Group and Benco Dental Supply Co. are situated in Wilkes-Barre. The city also implemented extensive renovation projects beginning in 2009.

Wilkes-Barre lawyers usually assist their clients at the Luzerne County Court of Common Pleas located in the city. Lawyers in Wilkes-Barre, Pennsylvania are known for providing quality services in a variety of legal fields and specialties. Many of them have received accreditation in multiple state bars.

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