Suing for Punitive Damages in Anaheim
In Anaheim, California, 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 Anaheim, California 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 Anaheim, California 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 Anaheim, California
Personal injury litigation doesn't usually carry with it the possibility of punitive damages in Anaheim, California, because mostly 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 Anaheim, California.
Punitive Damages in Anaheim, California are only awarded in cases where the conduct of the plaintiff was intentional and highly immoral, or extremely reckless. In Anaheim, California, torts such as fraud, gross negligence, and theft are sufficient to award punitive damages. Courts consider numerous factors when deciding whether or not punitive damages are warranted. Courts will look at the nature of the act, as well as the defendant's intent in performing the act. This will be weighed, on a sliding scale, against the actual harm that the defendant's conduct caused to the plaintiff.
There are limits on punitive damages in Anaheim, California. 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.
A good rule of thumb for calculating the upper limit of punitive damages in Anaheim, California is that punitive damages can be no larger than compensatory damages times ten. This rule is not absolute, of course. Courts in California 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 Anaheim, California Attorney Help?
Anaheim, California's courts have wide discretion in awarding punitive damages. Therefore, it is impossible to comprehensively discuss all the situations in which punitive damages can arise.
If you live in Anaheim, California and are involved 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 injured you. To know for sure, you should speak with a civil litigation attorney in Anaheim, California.
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Life in Anaheim
Anaheim is a city in the famed Orange County, California. It has the 10th highest population in California and the highest in the entire county. The booming Platinum Triangle is known for the abundance of amenities like 3 theme parks including Disneyland. In fact, the Disneyland Resort is the city's main source of tourism and employment. Some companies with Anaheim headquarters include the Anaheim Memorial Medical Center, AT&T, Banco Popular, the parent company of Carl's Jr. and Green Burrito named CKE Restaurants as well as that of Fisker Automotive. Fisker Automotive currently offers some of the best and most attractive electric cars on the market. Owner and designer Henric Fisker is responsible for the designs of other companies like Aston Martin's DB9 and Vantage as well as James Bond's BMW Z8.
Anaheim is home to the NHL Ducks professional hockey team and the Anaheim Angels professional baseball team who won the world series in 2002. There's also an outstanding convention center that attracts business visitors to Anaheim. Anaheim is a popular Los Angeles suburb because it has a relatively low crime rate and outstanding attractions. The Grove of Anaheim, or "The Grove," is a famous venue that hosts a wide variety of events including music and comedy acts like the Blue Collar Comedy Tour and Rob Zombie. Anaheim is also the home to a number of notable celebrities like Tiger Woods and Gwen Stefani.
Given its rapid population and economic growth, Anaheim, California lawyers are on the cutting edge of emerging legal fields, but also well-versed in the more "classic" legal fields - dealing with legal issues that ordinary people are likely to face. On top of this, Anaheim is a short distance from the University of California, Los Angeles, and the University of Southern California. Each of these universities has a very well-regarded law school, turning out high quality lawyers every year.
If you are in the area, and have a legal issue, you would do well to give an Anaheim, California lawyer a call.