Suing for Punitive Damages in Virginia Beach

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Litigation Lawyers in Virginia Beach

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

Courts in Virginia Beach, Virginia do not authorize punitive damages in most cases. The civil litigation system is geared against authorizing 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 comparable misconduct outweighs the civil justice system's preference against punitive damages.

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

Personal injury litigation doesn't usually carry with it the possibility of punitive damages in Virginia Beach, Virginia, because mostly personal injury cases stem from harm that was caused accidentally, not deliberately. Accidental harm is not enough to warrant an award of punitive damages in Virginia Beach, Virginia.

Punitive damages in Virginia Beach, Virginia are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Virginia Beach, 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.

Nonetheless, in Virginia Beach, Virginia, the law places limits on punitive damages. The U.S. Supreme Court has ruled various 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 Virginia Beach, Virginia, punitive damage awards are typically (but not always) capped at 10 times the amount awarded in compensatory damages. Remember, however, that this is just a basic 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 specific punitive damage award will depend heavily on the facts of each case.

How Can a Virginia Beach, Virginia Attorney Help?

In Virginia Beach, Virginia, there are a large variety of situations in which punitive damages are appropriate, because the decision to grant punitive damages is largely up to the discretion of the jury.

If you are involved in a case in Virginia Beach, Virginia that you believe might entitle you to punitive damages, a lot of money could be at stake. So, if you want to pursue your legal remedies, you should see a Virginia Beach, Virginia civil litigation attorney as soon as possible.

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Life in Virginia Beach

Virginia Beach, Virginia is a popular tourist town located on the Atlantic Ocean in the southeastern corner of Virginia. The city is home to an estimated population of over 440,000 residents and is the most populated city in all of Virginia. It is also the 41st largest city in the United States.

Virginia Beach is best known as a resort city and has beaches that stretch for miles with hotels, restaurants, and clubs crowding the ocean front for residents and visitors to enjoy. In fact, Virginia Beach is in the Guiness Book of World Records for having the longest "pleasure beach" in the world. Real Estate and tourism are the two biggest components to Virginia Beach economy. In addition to expansive beaches, the city is also home to 210 parks within it's city limits.

Virginia Beach is also home to a major fighter jet base for the U.S. Navy -- Naval Air Station Oceana which also helps drive the Virginia beach economy. Of the 11 public high schools in Virginia Beach one provides students with some interesting legal training. First Colonial High School has a legal student academy giving high school students classes in legal research and writing, intro to the law, and other law-based classes to prepare the students for a legal job. With a focus on the law at such a young age, it is no wonder that there are so many great lawyers in Virginia Beach. Virginia Beach lawyers are trained at some of the best schools in the country and with legal training as young as 14, it is no wonder that Virginia Beach lawyers are so good at what they do!

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