Litigation Lawyers in Clifton Forge

Civil litigation in Clifton Forge, Virginia is concerned almost always with extending 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 basic rule, however: in certain cases, a court in Clifton Forge, Virginia will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is known as "punitive damages."

In Clifton Forge, Virginia, punitive damages are not awarded in many cases. This is because the civil litigation system highly disfavors giving money to plaintiffs in amounts disproportionate to the injuries they have suffered. Nonetheless, 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 Clifton Forge, Virginia

A majority of personal injury litigation actions in Clifton Forge, Virginia 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 Clifton Forge, Virginia, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.

Punitive damages in Clifton Forge, Virginia are not authorized in many cases. They are only awarded when the defendant's conduct 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 Clifton Forge, Virginia will be considered. Furthermore, 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.

You should be cognizant of the fact that there are some pretty severe limits on punitive damages in Clifton Forge, Virginia. 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 Clifton Forge, Virginia cannot be more than 10 times larger than the actual damages sustained by the plaintiff. Nonetheless, this is not an absolute rule, and appeals courts in Virginia have upheld much larger awards, and found much smaller awards to be invalid. It's decided on a case-by-case basis.

How Can a Clifton Forge, Virginia Attorney Help?

The law of Clifton Forge, Virginia doesn't lay out many strict conditions which are necessary before punitive damages can be authorized. Instead, it largely leaves it to the discretion of the courts. So, there are various situations where they might be awarded.

If you have been injured in Clifton Forge, Virginia and you think punitive damages might be justified, a large amount of money might be at stake. For that reason, you should not delay to consult a civil litigation attorney in Clifton Forge, Virginia.