Suing for Punitive Damages in Brea

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Litigation Lawyers in Brea

In Brea, California, the civil litigation system is primarily concerned with compensating the victims of wrongdoing, rather than punishing the wrongdoers, or casting moral blame upon them.

There is a major exception to this rule, however. In limited circumstances, courts in Brea, California will order a defendant to pay the plaintiff damages which are not directly tied to any harm suffered by the plaintiff. Rather, these damages, which are known as "punitive damages", are meant to punish the wrongdoer, and serve as a deterrent.

In Brea, California, punitive damages are not awarded in many cases. This is because the civil litigation system strongly disfavors giving money to plaintiffs in amounts disproportionate to the injuries they have suffered. However, in some cases, the conduct of the defendant is so reprehensible, that simply punishing the defendant is a worthy goal, and this interest outweighs the preference against giving civil plaintiffs financial windfalls.

Conduct that can give rise to punitive damages in Brea, California

The vast majority of personal injury lawsuits in Brea, California involve situations in which the defendant did not intend to harm the plaintiff, but did so through carelessness. This is not enough to award punitive damages in Brea, California.

Punitive Damages in Brea, California are only awarded in cases where the conduct of the plaintiff was intentional and highly immoral, or extremely reckless. In Brea, 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.

It's important to know that punitive damages in Brea, California 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 suffered by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government taking property from the defendant without due process of law.

Generally, in Brea, California, 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, however, and is applied on a case-by-case basis. Courts in California have found much smaller awards to be invalid, and upheld much larger awards.

How Can a Brea, California Attorney Help?

In Brea, California, 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 located in Brea, California, and are involved 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 Brea, California civil litigation attorney

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Life in Brea

Brea, California is a city in Orange County, California. Its population is slightly under 40,000 people. Brea is known for its warm climate, high standard of living, and low crime rates. In 2006, it was named by Sunset Magazine as one of the best suburbs to live in the Western United States.

Brea, California can trace its origins back to the late 1800s, when oil was discovered across much of Southern California. Brea became a boomtown as the oil industry moved in.

These days, the economy of Brea, California is largely dominated by banking, finance, retail, and other service-based industries. Many white-collar professionals, such as attorneys, live and work in Brea, California. Brea, California is the birthplace of Cruz Reynoso, a prominent civil rights lawyer, and the first Hispanic justice on the California Supreme Court.

There are many other lawyers in Brea, California who are not as famous as Mr. Reynoso, but who tirelessly advocate for their clients every day. If you need legal help, you could do a lot worse than finding a Brea, California lawyer.

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