Suing for Punitive Damages in Cave Creek
In Cave Creek, Arizona, the civil litigation system is primarily concerned with compensating the victims of wrongdoing, rather than punishing the wrongdoers, or casting moral blame upon them.
However, this general principle has a major exception. In rare cases, a Cave Creek, Arizona judge or jury can award damages to the plaintiff that are not calculated by the actual losses suffered. Instead, they serve the purpose of punishing the defendant, and deterring others from wrongdoing. These are called "punitive damages."
You should be aware that courts in Cave Creek, Arizona are not particularly fond of granting 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 Cave Creek, Arizona
A majority of personal injury litigation actions in Cave Creek, 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 Cave Creek, Arizona, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.
In Cave Creek, 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 Cave Creek, 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.
You should be aware of the fact that there are some pretty severe limits on punitive damages in Cave Creek, Arizona. The U.S. Supreme Court has found that there are constitutional limits on punitive damage awards. Punitive damages can't be too disproportionate to the actual damages that the plaintiff has suffered. Appeals courts have found that excessive punitive damage awards violate the defendant's right to due process, by depriving them of massive amounts of property.
In general, punitive damages in Cave Creek, Arizona cannot be more than 10 times larger than the actual damages suffered by the plaintiff. However, this is not an absolute rule, and appeals courts in Arizona have upheld much larger awards, and found much smaller awards to be invalid. It's determined on a case-by-case basis.
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In Cave Creek, Arizona, 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 located in Cave Creek, Arizona, 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 Cave Creek, Arizona civil litigation attorney