Suing for Punitive Damages in Fountain Hills

Punitive Damages in Fountain Hills, Punitive Damages in  AZ

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In Fountain Hills, 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 Fountain Hills, 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 Fountain Hills, 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 Fountain Hills, Arizona

A majority of personal injury litigation actions in Fountain Hills, 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 Fountain Hills, Arizona, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.

In Fountain Hills, Arizona, punitive damages are not awarded in most cases. They are typically only awarded when the defendant's conduct was so reckless or deplorable that punishment of the defendant is warranted. Acts such as battery, fraud, and defamation (in some cases) are usually considered sufficient in Fountain Hills, Arizona to justify punitive damages. In deciding whether to award punitive damages, and how much to award, the two most important factors the court looks at will be the level of immorality of the act, as well as the actual harm that the plaintiff suffered as a result of the defendant's conduct.

There are limits on punitive damages in Fountain Hills, 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.

Generally, in Fountain Hills, Arizona, 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, nonetheless, and is applied on a case-by-case basis. Courts in Arizona have found much smaller awards to be invalid, and upheld much larger awards.

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How Can a Fountain Hills, Arizona Attorney Help?

In Fountain Hills, 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 circumstances that can lead to a punitive damage award.

If you are involved in a case in Fountain Hills, Arizona that you believe might entitle you to punitive damages, a lot of money could be at stake. So, if you want to pursue your legal remedies, you should see a Fountain Hills, Arizona civil litigation attorney as soon as possible.

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