Suing for Punitive Damages in Phoenix
In Phoenix, 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 Phoenix, 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 Phoenix, 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 Phoenix, Arizona
Personal injury litigation doesn't typically carry with it the possibility of punitive damages in Phoenix, Arizona, because typically personal injury cases stem from harm that was caused accidentally, not deliberately. Accidental harm is not enough to warrant an award of punitive damages in Phoenix, Arizona.
Punitive damages in Phoenix, Arizona are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Phoenix, Arizona courts will consider various factors in considering whether or not to award punitive damages. For example, the court might employ a sliding scale that weighs the immorality of the defendant's behavior against the actual harm that it caused to the plaintiff, and calculate damages accordingly.
However, in Phoenix, Arizona, the law places limits on punitive damages. The U.S. Supreme Court has ruled many times that punitive damages cannot be grossly disproportionate to the evil nature of the conduct, and the injuries that the defendant suffered. If they are disproportionate, punitive damages might be considered a deprivation of the defendant's right to due process of law.
A good rule of thumb for calculating the upper limit of punitive damages in Phoenix, 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 determine them based on the facts of each case. Because of this, punitive damage awards larger than 10 times compensatory damages are sometimes upheld, while much smaller awards have been overturned, because they were deemed excessive in a particular case.
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In Phoenix, 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 engaged in a case in Phoenix, Arizona where punitive damages are a possibility, a very large amount of money could be at stake, whether you are the plaintiff or defendant. You should not hesitate to speak with a civil litigation attorney in Phoenix, Arizona
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