Suing for Punitive Damages in El Dorado County
In El Dorado County, 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 cases, courts in El Dorado County, 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 El Dorado County, 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 El Dorado County, California
Personal injury litigation doesn't typically carry with it the possibility of punitive damages in El Dorado County, California, 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 El Dorado County, California.
Punitive Damages in El Dorado County, California are only awarded in cases where the behavior of the plaintiff was intentional and highly immoral, or extremely reckless. In El Dorado County, 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 El Dorado County, 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 El Dorado County, 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 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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El Dorado County, California's courts have wide discretion in awarding punitive damages. Accordingly, it is unrealistic to comprehensively discuss all the situations in which punitive damages can arise.
If you are engaged in a case in El Dorado County, California 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 El Dorado County, California