Suing for Punitive Damages in Yuma

Punitive Damages in Yuma, Punitive Damages in  AZ

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In Yuma, 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 Yuma, 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 Yuma, 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 Yuma, Arizona

Personal injury litigation doesn't normally carry with it the possibility of punitive damages in Yuma, Arizona, because generally 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 Yuma, Arizona.

In Yuma, 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 Yuma, 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.

It's important to know that punitive damages in Yuma, 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.

Punitive damages in Yuma, Arizona normally cannot surpass 10 times the amount of actual damages suffered by the plaintiff. Nonetheless, this is just a guideline, and not a strict rule. Courts in Arizona have found larger punitive damage awards to be perfectly valid, and smaller ones to be invalid. This will be strongly dependent on the facts of each case.

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How Can a Yuma, Arizona Attorney Help?

Yuma, Arizona's courts have wide discretion in awarding punitive damages. Therefore, it is impractical to comprehensively discuss all the situations in which punitive damages can arise.

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

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Life in Yuma

With a population of just under 80,000 Yuma, Arizona is one popular city to live and work. Because of the beautiful weather and location, over 85,000 retirees make the Yuma metropolitan area their home at least part of the year. In fact, Yuma is considered the sunniest place on earth according to the Guinness Book of World Records.

Catering to both their older and younger residents, Yuma has numerous golf courses, spas, malls, parks and other recreation centers. The picturesque city takes advantage of its location on the Colorado River and residents and visitors can enjoy the River by kayaking down on the weekend.

Yuma is home to a number of educational facilities including a branch of Northern Arizona University and the University of Phoenix. With such an emphasis on education, it is of little surprise that so many great lawyers choose to live and practice in Yuma. Yuma lawyers are some of the best in the business and enjoy the sunny city and helping their client resolve his or her legal issue as quickly as possible.

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