Litigation Lawyers in East Wenatchee

Civil litigation in East Wenatchee, Washington 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 East Wenatchee, Washington will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is identified as "punitive damages."

It's necessary to note that courts in East Wenatchee, Washington prefer not to grant punitive damages. This is because the civil justice system is designed mainly to compensate the victims of wrongdoing. Nonetheless, there are some cases where the defendant's conduct was so immoral and evil that civil courts have an interest in making them pay further 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 East Wenatchee, Washington

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

Punitive Damages in East Wenatchee, Washington are only awarded in cases where the behavior of the plaintiff was intentional and highly immoral, or extremely reckless. In East Wenatchee, Washington, torts such as fraud, gross negligence, and theft are sufficient to award punitive damages. Courts consider numerous factors when deciding whether or not punitive damages are warranted. Courts will look at the nature of the act, as well as the defendant's intent in performing the act. This will be weighed, on a sliding scale, against the actual harm that the defendant's conduct caused to the plaintiff.

You should be cognizant of the fact that there are some pretty severe limits on punitive damages in East Wenatchee, Washington. 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 considerable amounts of property.

Usually, in East Wenatchee, 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, nonetheless, 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 East Wenatchee, Washington Attorney Help?

In East Wenatchee, Washington, there are a practically unlimited number of situtations in which punitive damages can be awarded.

If you are located in East Wenatchee, Washington, and are engaged in a case that you think, based on the information conveyed above, that might have punitive damages as an option, you can't be sure what, if anything, you're entitled to from the defendant until you consult with an East Wenatchee, Washington civil litigation attorney