Suing for Punitive Damages in Mesa
In Mesa, 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 Mesa, 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 Mesa, 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 Mesa, Arizona
A majority of personal injury litigation actions in Mesa, Arizona do not involve the possibility of punitive damages, because they typically involve injuries where the defendant is at fault for the harm caused, but did not intend to do any harm. In Mesa, Arizona, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.
In Mesa, Arizona, punitive damages are not awarded in most cases. They are normally only awarded when the defendant's actions 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 Mesa, 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.
It's critical to know that punitive damages in Mesa, Arizona are subject to limits. The Supreme Court of the United States has held, more than once, that punitive damages can't be grossly disproportionate to the actual harm sustained by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government acquiring property from the defendant without due process of law.
Usually, in Mesa, 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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In Mesa, Arizona, there are a basically unlimited number of situtations in which punitive damages can be awarded.
If you are located in Mesa, Arizona, and are engaged 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 Mesa, Arizona civil litigation attorney
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Life in MesaMesa is a Maricopa County city that's home to 440,000 Arizona residents. That population earns Mesa the title of 3rd largest city in the state behind nearby Phoenix and Tucson. Mesa serves as a ?bedroom community' meaning that many Mesa residents work in nearby cities. One positive thing about the bedroom community is that a number of good schools in the area like the Maricopa Community College. It's the largest of any Maricopa County Community Colleges. Arizona state University and A.R. Still University both operate small campuses in Mesa. Mesa Public Schools are the top employer although Banner Health and Boeing both have strong installations together employing over 12,500. Boeing actually produces the Apache AH-64 attack helicopter at a facility adjoining Falcon Field.
Mesa hosts the WAC Baseball Tournament and the Chicago Cubs spend spring training playing Cactus League games at HoHoKam Park. The upscale Fiesta Mall on the Westside of Mesa offers outstanding shopping for locals and tourists alike. However, Mesa Riverview on the Northside of the city boasts funky stores and eateries like Toby Keith's I Love This Bar & Grill. METRO Light Rail, local freeways like local U.S. Route 60, and a number of local airports service Mesa's commuters.