Suing for Punitive Damages in Warwick

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Litigation Lawyers in Warwick

In Warwick, Rhode Island, 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 Warwick, Rhode Island 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."

You should be cognizant that courts in Warwick, Rhode Island are not especially fond of authorizing 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 Warwick, Rhode Island

A majority of personal injury litigation actions in Warwick, Rhode Island do not involve the possibility of punitive damages, because they usually involve injuries where the defendant is at fault for the harm caused, but did not intend to do any harm. In Warwick, Rhode Island, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.

In Warwick, Rhode Island, punitive damages are not awarded in most cases. They are typically only awarded when the defendant's conduct 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 Warwick, Rhode Island 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 Warwick, Rhode Island, 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.

Punitive damages in Warwick, Rhode Island usually cannot surpass 10 times the amount of actual damages suffered by the plaintiff. Nonetheless, this is just a guideline, and not a strict rule. Courts in Rhode Island have found larger punitive damage awards to be perfectly valid, and smaller ones to be invalid. This will be strongly dependent on the facts of each case.

How Can a Warwick, Rhode Island Attorney Help?

In Warwick, Rhode Island, there are a basically unlimited number of situtations in which punitive damages can be awarded.

If you are located in Warwick, Rhode Island, and are involved in a case that you think, based on the information conveyed above, that might have punitive damages as an option, you can't be sure what, if anything, you're entitled to from the defendant until you consult with a Warwick, Rhode Island civil litigation attorney

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Life in Warwick

Warwick, Rhode Island is the second largest city in the small state of Rhode Island with a population of just under 90,000 residents. The sizeable city is on almost 50 square miles and is home to the main airport in Rhode Island as well as the Rhode Island National Guard. Warwick was founded in 1642, and is a city with some major historical significance. Warwick was the site where the first shot was fired in the American Revolution, and was also the site for many other important battles that ultimately led to America's independence. Not surprisingly, there are many relics to commemorate the various sites throughout the city. Warwick has come a long way from its roots and is a popular place to live and visit in Rhode Island. It is no wonder that Warwick attracts some of the state's top professionals to live and practice in it's borders. Warwick lawyers are trained at some of the nation's top law schools and are skilled in a range of practice areas. Warwick lawyers, along with the rest of the Warwick workforce are just one more reason that makes this city so wonderful.

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