Litigation Lawyers in Goose Creek

In Goose Creek, South Carolina, civil litigation is not meant to punish wrongdoers, at least that is not its main purpose. Alternatively, 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 Goose Creek, South Carolina 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 Goose Creek, South Carolina 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 Goose Creek, South Carolina

Personal injury litigation doesn't typically carry with it the possibility of punitive damages in Goose Creek, South Carolina, because typically personal injury cases stem from harm that was caused accidentally, not deliberately. Accidental harm is not enough to warrant an award of punitive damages in Goose Creek, South Carolina.

Punitive Damages in Goose Creek, South Carolina are only awarded in cases where the behavior of the plaintiff was intentional and highly immoral, or extremely reckless. In Goose Creek, South Carolina, torts such as fraud, gross negligence, and theft are sufficient to award punitive damages. Courts consider numerous factors when deciding whether or not punitive damages are warranted. Courts will look at the nature of the act, as well as the defendant's intent in performing the act. This will be weighed, on a sliding scale, against the actual harm that the defendant's conduct caused to the plaintiff.

There are limits on punitive damages in Goose Creek, South Carolina. The Supreme Court has held that punitive damage awards which are grossly disproportionate to the immorality of the conduct, and the harm that it caused, are an unconstitutional deprivation of property without due process of law.

Usually, in Goose Creek, South Carolina, punitive damage awards that exceed the actual damages (those awarded to directly compensate the plaintiff) by a factor of 10. This is not an absolute rule, nonetheless, and is applied on a case-by-case basis. Courts in South Carolina have found much smaller awards to be invalid, and upheld much larger awards.

How Can a Goose Creek, South Carolina Attorney Help?

In Goose Creek, South Carolina, 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 cases that can lead to a punitive damage award.

If you are engaged in a case in Goose Creek, South Carolina where punitive damages are a possibility, a very large amount of money could be at stake, whether you are the plaintiff or defendant. You should not delay to speak with a civil litigation attorney in Goose Creek, South Carolina