Litigation Lawyers in Petersburg

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

Courts in Petersburg, Virginia do not grant punitive damages in most cases. The civil litigation system is geared against granting financial windfalls to civil plaintiffs. But, there are rare cases, where the defendant has done something to the plaintiff that is so morally reprehensible, that society's interest in punishing the defendant and deterring similar misconduct outweighs the civil justice system's preference against punitive damages.

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

Generally personal injury cases in Petersburg, Virginia involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for example). In Petersburg, Virginia, this is not enough to justify the award of punitive damages.

Punitive damages in Petersburg, Virginia are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Petersburg, Virginia courts will consider many factors in considering whether or not to award punitive damages. For example, the court might employ a sliding scale that weighs the immorality of the defendant's actions against the actual harm that it caused to the plaintiff, and calculate damages accordingly.

You should be aware of the fact that there are some pretty severe limits on punitive damages in Petersburg, 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 massive amounts of property.

Typically, in Petersburg, 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 Petersburg, Virginia Attorney Help?

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

If you live in Petersburg, Virginia and are immersed 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 harmed you. To know for sure, you should speak with a civil litigation attorney in Petersburg, Virginia.