Suing for Punitive Damages in Avondale
In Avondale, Arizona, the civil litigation system is mainly concerned with compensating the victims of wrongdoing, rather than punishing the wrongdoers, or casting moral blame upon them.
Nonetheless, this general principle has a major exception. In rare cases, a Avondale, Arizona 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."
You should be cognizant that courts in Avondale, Arizona are not especially fond of authorizing punitive damages, because they view it as a financial windfall that generally runs counter to civil litigation's primary purpose of compensating victims of wrongdoing for the harm they've suffered. However, if the conduct of the defendant was completely reprehensible and the harm caused was deliberate, a court might impose damages to punish the defendant, known as "punitive damages."
Conduct that can give rise to punitive damages in Avondale, Arizona
A majority of personal injury litigation actions in Avondale, Arizona 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 Avondale, Arizona, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.
In Avondale, Arizona, 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 Avondale, Arizona 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.
There are limits on punitive damages in Avondale, Arizona. The Supreme Court has held that punitive damage awards which are grossly disproportionate to the immorality of the conduct, and the harm that it caused, are an unconstitutional deprivation of property without due process of law.
Punitive damages in Avondale, Arizona normally cannot surpass 10 times the amount of actual damages suffered by the plaintiff. Nonetheless, this is just a guideline, and not a strict rule. Courts in Arizona have found larger punitive damage awards to be perfectly valid, and smaller ones to be invalid. This will be strongly dependent on the facts of each case.
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In Avondale, Arizona, judges and juries have a good deal of leeway in deciding if they want to grant punitive damages, so there are a nearly-unlimited number of situations that can lead to a punitive damage award.
If you are immersed in a case in Avondale, Arizona that you believe might entitle you to punitive damages, a lot of money could be at stake. Therefore, if you want to pursue your legal remedies, you should see a Avondale, Arizona civil litigation attorney as soon as possible.
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Life in AvondaleAvondale is very near Phoenix, Arizona, located in Maricopa County. It is very well noted for being home to the Phoenix International Raceway, a fun and famous auto-racing facility!
Being near Phoenix, Avondale residents have access to some very well-known law firms of all sizes. Phoenix is home to many large, mid-size, and small law firms that are home to many competent attorneys. Many of these attorneys have been educated at the top-tier University of Arizona Law School. Therefore, many lawyers working in Phoenix have a connection to Arizona and its residents. Avondale citizens can therefore enjoy personalized legal service from attorneys who care about their home.
Some famous residents of Avonda include Craig Mabbitt, Nick Harris, Clancy Pendergast, Raymond Shuey, and Everson Griffen.