Litigation Lawyers in Federal Way
Civil litigation in Federal Way, 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 Federal Way, Washington will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is recognized as "punitive damages."
It's critical to note that courts in Federal Way, 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 Federal Way, Washington
Generally personal injury cases in Federal Way, Washington involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for example). In Federal Way, Washington, this is not enough to justify the award of punitive damages.
Punitive Damages in Federal Way, Washington are only awarded in cases where the actions of the plaintiff was intentional and highly immoral, or extremely reckless. In Federal Way, 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 critical to know that punitive damages in Federal Way, 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 suffered by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government taking property from the defendant without due process of law.
Typically, in Federal Way, 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 Federal Way, Washington Attorney Help?
In Federal Way, Washington, there are an essentially unlimited number of situtations in which punitive damages can be awarded.
If you live in Federal Way, Washington and are immersed 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 harmed you. To know for sure, you should speak with a civil litigation attorney in Federal Way, Washington.
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