Litigation Lawyers in Lynden

Civil litigation in Lynden, 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 Lynden, 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 Lynden, 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 Lynden, Washington

A majority of personal injury litigation actions in Lynden, Washington do not involve the possibility of punitive damages, because they normally involve injuries where the defendant is at fault for the harm caused, but did not intend to do any harm. In Lynden, Washington, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.

Punitive damages in Lynden, Washington are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Lynden, 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.

However, in Lynden, Washington, the law places limits on punitive damages. The U.S. Supreme Court has ruled several times that punitive damages cannot be grossly disproportionate to the evil nature of the conduct, and the injuries that the defendant suffered. If they are disproportionate, punitive damages might be considered a deprivation of the defendant's right to due process of law.

A good rule of thumb for calculating the upper limit of punitive damages in Lynden, Washington is that punitive damages can be no larger than compensatory damages times ten. This rule is not absolute, of course. Courts in Washington have a good deal of discretion in awarding punitive damages, and will determine them based on the facts of each case. Because of this, punitive damage awards larger than 10 times compensatory damages are sometimes upheld, while much smaller awards have been overturned, because they were deemed excessive in a particular case.

How Can a Lynden, Washington Attorney Help?

In Lynden, Washington, there are a large number of cases 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 Lynden, 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 hesitate to speak with a civil litigation attorney in Lynden, Washington