Litigation Lawyers in Sturgis

In Sturgis, South Dakota, civil litigation is not meant to punish wrongdoers, at least that is not its primary purpose. Rather, it is designed to ensure that the victims of wrongdoing are given compensation for the harm they've suffered.

There is a major exception to this rule, however. In limited circumstances, courts in Sturgis, South Dakota will order a defendant to pay the plaintiff damages which are not directly tied to any harm suffered by the plaintiff. Rather, these damages, which are known as "punitive damages", are meant to punish the wrongdoer, and serve as a deterrent.

Punitive Damages in Sturgis, South Dakota are not awarded lightly, because the civil justice system generally disfavors giving plaintiffs financial windfalls not directly related to compensating them for their injuries. They are usually only awarded when the conduct of the defendant is morally reprehensible, and far worse than simple carelessness.

Conduct that can give rise to punitive damages in Sturgis, South Dakota

Mostly personal injury cases in Sturgis, South Dakota do not involve punitive damages, because the defendant did not intend to cause harm, or act with some other form of malice. Instead, 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 Sturgis, South Dakota.

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

You should be aware of the fact that there are some pretty severe limits on punitive damages in Sturgis, South Dakota. The U.S. Supreme Court has found that there are constitutional limits on punitive damage awards. Punitive damages can't be too disproportionate to the actual damages that the plaintiff has suffered. Appeals courts have found that excessive punitive damage awards violate the defendant's right to due process, by depriving them of large amounts of property.

In general, punitive damages in Sturgis, South Dakota 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 South Dakota 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 Sturgis, South Dakota Attorney Help?

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

If you live in Sturgis, South Dakota and are involved in a case that you believe carries the possibility of a punitive damage award, you may be entitled to a large amount of money from the person or company that injured you. To know for sure, you should speak with a civil litigation attorney in Sturgis, South Dakota.