Litigation Lawyers in Point Pleasant

Civil litigation in Point Pleasant, West Virginia 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.

Nonetheless, this general principle has a major exception. In rare cases, a Point Pleasant, West Virginia judge or jury can award damages to the plaintiff that are not calculated by the actual losses sustained. Instead, they serve the purpose of punishing the defendant, and deterring others from wrongdoing. These are called "punitive damages."

It's critical to note that courts in Point Pleasant, West Virginia 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 Point Pleasant, West Virginia

The vast majority of personal injury lawsuits in Point Pleasant, West Virginia involve instances in which the defendant did not intend to harm the plaintiff, but did so through carelessness. This is not enough to award punitive damages in Point Pleasant, West Virginia.

In Point Pleasant, West Virginia, punitive damages are only awarded in extreme situations. Civil wrongs such as fraud, conversion (theft), battery, and other intentional, depraved acts are sufficient to award punitive damages. In deciding whether or not to award punitive damages, and how much money to award, courts in Point Pleasant, West Virginia will consider many different factors. Normally, they employ a sliding scale, weighing the nature of the conduct and the actual harm that the conduct caused. The more immoral the conduct, and/or the more harm caused, the more likely a court is to award punitive damages.

It's critical to know that punitive damages in Point Pleasant, West Virginia 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 Point Pleasant, West Virginia 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 West Virginia 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 Point Pleasant, West Virginia Attorney Help?

In Point Pleasant, West Virginia, 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 located in Point Pleasant, West Virginia, and are immersed 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 a Point Pleasant, West Virginia civil litigation attorney