Litigation Lawyers in Lexington
Civil litigation in Lexington, 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 Lexington, Virginia will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is known as "punitive damages."
In Lexington, 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 Lexington, Virginia
Mostly personal injury cases in Lexington, Virginia 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 Lexington, Virginia.
Punitive damages in Lexington, Virginia are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Lexington, Virginia courts will consider several factors in considering whether or not to award punitive damages. For instance, the court might employ a sliding scale that weighs the immorality of the defendant's conduct against the actual harm that it caused to the plaintiff, and calculate damages accordingly.
You should be cognizant of the fact that there are some pretty severe limits on punitive damages in Lexington, 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.
Generally, in Lexington, Virginia, 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 Virginia have found much smaller awards to be invalid, and upheld much larger awards.
How Can a Lexington, Virginia Attorney Help?
The law of Lexington, 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 live in Lexington, Virginia 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 funds from the person or company that injured you. To know for sure, you should speak with a civil litigation attorney in Lexington, Virginia.