Suing for Punitive Damages in Sahuarita

Punitive Damages in Sahuarita, Punitive Damages in  AZ

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In Sahuarita, 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 Sahuarita, 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 Sahuarita, 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 Sahuarita, Arizona

Personal injury litigation doesn't typically carry with it the possibility of punitive damages in Sahuarita, 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 Sahuarita, Arizona.

Punitive damages in Sahuarita, Arizona are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Sahuarita, Arizona courts will consider various factors in considering whether or not to award punitive damages. For instance, 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.

It's essential to note that in Sahuarita, Arizona, punitive damages are not unlimited. The Supreme Court has repeatedly held that punitive damages cannot be hugely disproportionate to the amount awarded to compensate the plaintiff for the actual injuries they suffered. If the punitive damages are extremely excessive, an appeals court might rule that they amount to a deprivation of property without due process of law, or a de facto criminal punishment, without affording the defendant the protections available in criminal cases.

A good rule of thumb for calculating the upper limit of punitive damages in Sahuarita, 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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How Can a Sahuarita, Arizona Attorney Help?

In Sahuarita, 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 cases that can lead to a punitive damage award.

If you live in Sahuarita, Arizona and are engaged in a case that you believe carries the possibility of a punitive damage award, you may be entitled to a large amount of funds from the person or company that hurt you. To know for sure, you should speak with a civil litigation attorney in Sahuarita, Arizona.

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