Suing for Punitive Damages in Buckeye
In Buckeye, 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 Buckeye, 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 Buckeye, 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 Buckeye, Arizona
A majority of personal injury litigation actions in Buckeye, Arizona do not involve the possibility of punitive damages, because they usually involve injuries where the defendant is at fault for the harm caused, but did not intend to do any harm. In Buckeye, Arizona, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.
In Buckeye, Arizona, punitive damages are only awarded in extreme circumstances. 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 Buckeye, Arizona will consider many different factors. Usually, 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 Buckeye, 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.
A good rule of thumb for calculating the upper limit of punitive damages in Buckeye, Arizona is that punitive damages can be no larger than compensatory damages times ten. This rule is not absolute, of course. Courts in Arizona have a good deal of discretion in awarding punitive damages, and will decide them based on the facts of each case. Because of this, punitive damage awards larger than 10 times compensatory damages are occasionally upheld, while much smaller awards have been overturned, because they were deemed excessive in a certain case.
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Buckeye, Arizona's courts have wide discretion in awarding punitive damages. Therefore, it is impossible to comprehensively discuss all the situations in which punitive damages can arise.
If you are located in Buckeye, Arizona, and are involved 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 Buckeye, Arizona civil litigation attorney
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Life in BuckeyeApproximately 50,876 people call Buckeye, Arizona home. Buckeye is located in Maricopa County and is a popular suburb of Phoenix.
What is great about Buckeye is that it is a small area filled with diversity! Buckeye is home to Native Americans, Asians, Blacks, Whites, Hispanics, and Latinos. Alongside the diversity is the area's well-planned structure. Buckeye has about thirty well planned communities, not including the commercial areas. Popular attractions include Douglas Rance, Sun Valley Villages, Spurlock Ranch, Southwest Ranch, and the Sundance Towne Center.
Being a part of Phoenix, Buckeye residents have prominent law firms with excellent attorneys nearby to handle their legal needs. Phoenix has law firms of all sizes, with attorneys practicing in all areas of law. Therefore, no legal inquiry can remain unattended.
Overall, Buckeye is a perfect example of a close Arizona community that enjoys the quiet desert ambiance, yet is close enough to the metropolitan area of Phoenix. All in all, Buckeye residents enjoy the best of both worlds!