Litigation Lawyers in Gig Harbor
Civil litigation in Gig Harbor, 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 Gig Harbor, Washington will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is recognized as "punitive damages."
It's necessary to note that courts in Gig Harbor, 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 Gig Harbor, Washington
Generally personal injury cases in Gig Harbor, Washington involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for instance). In Gig Harbor, Washington, this is not enough to justify the award of punitive damages.
Punitive Damages in Gig Harbor, Washington are only awarded in cases where the actions of the plaintiff was intentional and highly immoral, or extremely reckless. In Gig Harbor, 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 necessary to know that punitive damages in Gig Harbor, 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 Gig Harbor, Washington, punitive damage awards are usually (but not always) capped at 10 times the amount awarded in compensatory damages. Remember, however, that this is just a basic rule of thumb, and is not completely rigid. In Washington, appeals courts have a good deal of discretion in deciding if a punitive damage award is valid or invalid. Much larger awards have been upheld, and smaller awards have been overturned. The validity of a specific punitive damage award will depend heavily on the facts of each case.
How Can a Gig Harbor, Washington Attorney Help?
In Gig Harbor, Washington, there are a large variety of situations in which punitive damages are appropriate, because the decision to grant punitive damages is largely up to the discretion of the jury.
If you are immersed in a case in Gig Harbor, Washington where punitive damages are a possibility, a very large amount of money could be at stake, whether you are the plaintiff or defendant. You should not delay to speak with a civil litigation attorney in Gig Harbor, Washington