Litigation Lawyers in Ephrata

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

It's essential to note that courts in Ephrata, 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 Ephrata, Washington

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

Punitive Damages in Ephrata, Washington are only awarded in cases where the conduct of the plaintiff was intentional and highly immoral, or extremely reckless. In Ephrata, 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.

It's essential to know that punitive damages in Ephrata, Washington are subject to limits. The Supreme Court of the United States has held, more than once, that punitive damages can't be grossly disproportionate to the actual harm sustained by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government acquiring property from the defendant without due process of law.

In general, punitive damages in Ephrata, Washington cannot be more than 10 times larger than the actual damages sustained by the plaintiff. Nonetheless, this is not an absolute rule, and appeals courts in Washington have upheld much larger awards, and found much smaller awards to be invalid. It's decided on a case-by-case basis.

How Can a Ephrata, Washington Attorney Help?

Ephrata, Washington's courts have wide discretion in awarding punitive damages. Therefore, it is impossible to comprehensively discuss all the situations in which punitive damages can arise.

If you live in Ephrata, Washington 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 funds from the person or company that injured you. To know for sure, you should speak with a civil litigation attorney in Ephrata, Washington.