Litigation Lawyers in Lyndon
Civil litigation in Lyndon, Vermont 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 Lyndon, Vermont will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is known as "punitive damages."
Courts in Lyndon, Vermont 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 Lyndon, Vermont
Personal injury litigation doesn't usually carry with it the possibility of punitive damages in Lyndon, Vermont, 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 Lyndon, Vermont.
Punitive damages in Lyndon, Vermont are not granted 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 Lyndon, Vermont 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.
It's crucial to note that in Lyndon, Vermont, 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 Lyndon, Vermont, 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 Vermont have found much smaller awards to be invalid, and upheld much larger awards.
How Can a Lyndon, Vermont Attorney Help?
The law of Lyndon, Vermont 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 many situations where they might be awarded.
If you live in Lyndon, Vermont 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 money from the person or company that injured you. To know for sure, you should speak with a civil litigation attorney in Lyndon, Vermont.