Suing for Punitive Damages in Eugene

Punitive Damages in Eugene, Punitive Damages in  OR

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In Eugene, Oregon, civil litigation is not meant to punish wrongdoers, at least that is not its primary purpose. Instead, it is designed to ensure that the victims of wrongdoing are given compensation for the harm they've suffered.

There is an exception to this general rule, however: in some cases, a court in Eugene, Oregon will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is recognized as "punitive damages."

Courts in Eugene, Oregon do not grant punitive damages in most cases. The civil litigation system is geared against granting financial windfalls to civil plaintiffs. But, there are rare cases, where the defendant has done something to the plaintiff that is so morally reprehensible, that society's interest in punishing the defendant and deterring similar misconduct outweighs the civil justice system's preference against punitive damages.

Conduct that can give rise to punitive damages in Eugene, Oregon

Personal injury litigation doesn't normally carry with it the possibility of punitive damages in Eugene, Oregon, because generally personal injury cases stem from harm that was caused accidentally, not deliberately. Accidental harm is not enough to warrant an award of punitive damages in Eugene, Oregon.

Punitive damages in Eugene, Oregon are not granted in many cases. They are only awarded when the defendant's actions was so deplorable and deliberate (but not necessarily criminal) that punishment is warranted. Fraud, battery, conversion (theft) and other intentional, insidious acts are usually required before punitive damages in Eugene, Oregon will be considered. Additionally, in deciding how much to award in punitive damages, a court will consider 2 main factors: the insidious nature of the defendant's conduct, and the actual harm that the plaintiff suffered as a result.

It's critical to note that in Eugene, Oregon, punitive damages are not unlimited. The Supreme Court has repeatedly held that punitive damages cannot be hugely disproportionate to the amount awarded to compensate the plaintiff for the actual injuries they suffered. If the punitive damages are extremely excessive, an appeals court might rule that they amount to a deprivation of property without due process of law, or a de facto criminal punishment, without affording the defendant the protections available in criminal cases.

Typically, in Eugene, Oregon, 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 Oregon have found much smaller awards to be invalid, and upheld much larger awards.

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How Can a Eugene, Oregon Attorney Help?

In Eugene, Oregon, there are a virtually unlimited number of situtations in which punitive damages can be awarded.

If you live in Eugene, Oregon 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 Eugene, Oregon.

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Life in Eugene

Eugene, Oregon is the second-largest city in the state of Oregon. It is also the seat of Lane County, in the south end of the Willamette Valley. Its population is about 157,000 people.

Eugene, Oregon is named after its founder, Eugene Franklin Skinner, who started the first recorded permanent settlement in the area. The first major educational institution in the area was Columbia College, which was founded a few years before the University of Oregon (still Oregon's flagship public university). 

Modernly, Eugene is known as a progressive, and somewhat quirky, community with a streak of political radicalism thrown in for good measure. A small but highly-visible community of anarchists established itself in Eugene in the 1990s, and is still present there today. While they are not generally criminally-inclined, some of their protests have led to arrests. Many activist attorneys in Eugene, Oregon have taken it upon themselves to represent clients with radical political views, sometimes on a pro bono or reduced fee basis.

Of course, most Eugene, Oregon lawyers have more "standard" careers, and represent average citizens and small businesses, helping them with the legal issues that they're most likely to face. If you live in or around Eugene, Oregon, and have a legal issue that needs immediate attention, you should not hesitate to contact a Eugene, Oregon attorney as soon as possible.

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