Litigation Lawyers in Bellevue
Civil litigation in Bellevue, Washington 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 Bellevue, Washington will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is recognized as "punitive damages."
It's crucial to note that courts in Bellevue, Washington prefer not to grant punitive damages. This is because the civil justice system is designed primarily to compensate the victims of wrongdoing. However, there are some cases where the defendant's conduct was so immoral and evil that civil courts have an interest in making them pay additional damages, going above and beyond what's needed to compensate the victim, in order to serve as a deterrent.
Conduct that can give rise to punitive damages in Bellevue, Washington
Generally personal injury cases in Bellevue, Washington involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for example). In Bellevue, Washington, this is not enough to justify the award of punitive damages.
Punitive damages in Bellevue, Washington are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Bellevue, Washington 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.
It's crucial to note that in Bellevue, Washington, 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.
Typically, in Bellevue, Washington, 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 Washington have found much smaller awards to be invalid, and upheld much larger awards.
How Can a Bellevue, Washington Attorney Help?
In Bellevue, Washington, there are an essentially unlimited number of situtations in which punitive damages can be awarded.
If you are immersed in a case in Bellevue, Washington that you believe might entitle you to punitive damages, a lot of money could be at stake. Therefore, if you want to pursue your legal remedies, you should see a Bellevue, Washington civil litigation attorney as soon as possible.