Suing for Punitive Damages in Norfolk

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Litigation Lawyers in Norfolk

Civil litigation in Norfolk, 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 Norfolk, Virginia will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is known as "punitive damages."

In Norfolk, 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 Norfolk, Virginia

Mostly personal injury cases in Norfolk, 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 Norfolk, Virginia.

In Norfolk, Virginia, punitive damages are not awarded in most cases. They are typically only awarded when the defendant's conduct was so reckless or deplorable that punishment of the defendant is warranted. Acts such as battery, fraud, and defamation (in some cases) are usually considered sufficient in Norfolk, Virginia to justify punitive damages. In deciding whether to award punitive damages, and how much to award, the two most important factors the court looks at will be the level of immorality of the act, as well as the actual harm that the plaintiff suffered as a result of the defendant's conduct.

It's crucial to note that in Norfolk, Virginia, punitive damages are not unlimited. The Supreme Court has repeatedly held that punitive damages cannot be hugely disproportionate to the amount awarded to compensate the plaintiff for the actual injuries they suffered. If the punitive damages are extremely excessive, an appeals court might rule that they amount to a deprivation of property without due process of law, or a de facto criminal punishment, without affording the defendant the protections available in criminal cases.

Generally, in Norfolk, 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, however, 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 Norfolk, Virginia Attorney Help?

In Norfolk, Virginia, judges and juries have a good deal of leeway in deciding if they want to grant punitive damages, so there are a nearly-unlimited number of circumstances that can lead to a punitive damage award.

If you are involved in a case in Norfolk, Virginia where punitive damages are a possibility, a very large amount of money could be at stake, whether you are the plaintiff or defendant. You should not hesitate to speak with a civil litigation attorney in Norfolk, Virginia

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Life in Norfolk

Norfolk is Virginia's second-largest city. It is an independent city, and therefore not part of any county. It currently has a population of about 233,000 people.

Norfolk, Virginia was founded as an English colony in the 1620s, during the early days of English settlement in North America. By the time of American independence, Norfolk was considered one of the wealthiest cities in Virginia, owing its prosperity mostly to the burgeoning tobacco industry.

Modernly, Norfolk is coming out of some hard economic times. It is currently in the throes of a major urban renewal project, aimed at attracting businesses and residents back to its urban core. Norfolk's economy has been sustained by the presence of a naval shipyard, as well as a major commercial port, both of which provide thousands of jobs. Norfolk is also home to the headquarters of several Fortune 500 companies.

Because of its economic and demographic diversity, Norfolk, Virginia, there is a thriving and sophisticated legal community there. Norfolk, Virginia lawyers are capable of handling just about any legal problem a person might have. If you have any legal issues, you should contact a Norfolk, Virginia lawyer as soon as possible.

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