Litigation Lawyers in Chincoteague

Civil litigation in Chincoteague, Virginia is concerned almost exclusively with providing financial redress to the victims of wrongdoing. It is not concerned with meting out punishment or moral judgment upon the wrongdoers.

There is an exception to this general rule, however: in some cases, a court in Chincoteague, Virginia will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is identified as "punitive damages."

In Chincoteague, Virginia, punitive damages are not awarded in many cases. This is because the civil litigation system strongly disfavors giving money to plaintiffs in amounts disproportionate to the injuries they have suffered. However, in some cases, the conduct of the defendant is so reprehensible, that simply punishing the defendant is a worthy goal, and this interest outweighs the preference against giving civil plaintiffs financial windfalls.

Conduct that can give rise to punitive damages in Chincoteague, Virginia

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

Punitive damages in Chincoteague, Virginia are not granted in many cases. They are only awarded when the defendant's behavior was so deplorable and deliberate (but not necessarily criminal) that punishment is warranted. Fraud, battery, conversion (theft) and other intentional, insidious acts are usually required before punitive damages in Chincoteague, Virginia will be considered. Moreover, in deciding how much to award in punitive damages, a court will consider 2 main factors: the insidious nature of the defendant's conduct, and the actual harm that the plaintiff suffered as a result.

However, in Chincoteague, Virginia, the law places limits on punitive damages. The U.S. Supreme Court has ruled many 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.

In Chincoteague, Virginia, punitive damage awards are normally (but not always) capped at 10 times the amount awarded in compensatory damages. Remember, however, that this is just a general rule of thumb, and is not completely rigid. In Virginia, 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 particular punitive damage award will depend heavily on the facts of each case.

How Can a Chincoteague, Virginia Attorney Help?

In Chincoteague, Virginia, there are a virtually unlimited number of situtations in which punitive damages can be awarded.

If you live in Chincoteague, Virginia and are engaged 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 hurt you. To know for sure, you should speak with a civil litigation attorney in Chincoteague, Virginia.