Suing for Punitive Damages in Greenville

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Litigation Lawyers in Greenville

In Greenville, South Carolina, 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 Greenville, 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 Greenville, 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 Greenville, South Carolina

Personal injury litigation doesn't usually carry with it the possibility of punitive damages in Greenville, South Carolina, because mostly 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 Greenville, South Carolina.

Punitive Damages in Greenville, South Carolina are only awarded in cases where the conduct of the plaintiff was intentional and highly immoral, or extremely reckless. In Greenville, 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 Greenville, 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.

In Greenville, South Carolina, 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 South Carolina, 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 Greenville, South Carolina Attorney Help?

Greenville, South Carolina's courts have wide discretion in awarding punitive damages. Therefore, it is impossible to comprehensively discuss all the situations in which punitive damages can arise.

If you are involved in a case in Greenville, South Carolina that you believe might entitle you to punitive damages, a lot of money could be at stake. So, if you want to pursue your legal remedies, you should see a Greenville, South Carolina civil litigation attorney as soon as possible.

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Life in Greenville

Greenville is a great city in South Carolina for families to live and visit! The city has it all--art galleries, scenic property, museums, and beauty!

Some popular sites include Falls Park on the Reedy (downtown), Heritage Green Arts and Cultural Complex, the Greenville Zoo, Metropolitan Arts Council, the Carolina First Center, Augusta Road, and Haywood Mall.

Greenville is also home to many attorneys who practice in various areas of law. These attorneys focus on providing personalized services to their clients--residents and local businesses.

Overall, Greenville is a great family-oriented city with a community-like feel to it!

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