Suing for Punitive Damages in Foster City
In Foster City, 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 situations, courts in Foster City, 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 Foster City, 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 Foster City, California
Personal injury litigation doesn't normally carry with it the possibility of punitive damages in Foster City, California, 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 Foster City, California.
Punitive damages in Foster City, California are not granted in many cases. They are only awarded when the defendant's actions was so deplorable and deliberate (but not necessarily criminal) that punishment is warranted. Fraud, battery, conversion (theft) and other intentional, insidious acts are usually required before punitive damages in Foster City, California will be considered. Additionally, in deciding how much to award in punitive damages, a court will consider 2 main factors: the insidious nature of the defendant's conduct, and the actual harm that the plaintiff suffered as a result.
There are limits on punitive damages in Foster City, 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.
Punitive damages in Foster City, California normally cannot exceed 10 times the amount of actual damages suffered by the plaintiff. However, this is just a guideline, and not a strict rule. Courts in California have found larger punitive damage awards to be perfectly valid, and smaller ones to be invalid. This will be highly dependent on the facts of each case.
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Foster City, California's courts have wide discretion in awarding punitive damages. Accordingly, it is impractical to comprehensively discuss all the situations in which punitive damages can arise.
If you are immersed in a case in Foster City, California 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 Foster City, California civil litigation attorney as soon as possible.
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Life in Foster CityFoster City, California is a master-planned city situated in San Mateo County. It has a population of about 31,000 and is sometimes held to be part of Silicon Valley due to its local industry. Foster City is considered an affluent community and has been featured several times in Forbes Magazine as well as Money Magazine.
As a master-planned city, Foster City offers many advantages and amenities, such as an efficient distribution of stores, restaurants, and resources. Master planning helps developers avoid "haphazard" construction and city layout. This has contributed to much of Foster's City's clean and pristine appearance. Foster City is also home to a number of attractions, including a boardwalk, a 9-hole golf course, an extensive $4 million Teen Activities Center, and a public amphitheater. Windsurfing is extremely popular within city limits.
Foster City, California is also known for being an important center for many high-tech companies as well as financial organizations. The city is headquarters to many nationally recognized businesses such as Adchemy, Gilead Sciences, Life Technologies, Live365, Philips, Sony Computer Entertainment America, and many others. One can access several points in the Bay Area from Foster City due to its location near the San Mateo Bridge.
Lawyers in Foster City, California often represent their clients at the Superior Court of California, County of San Mateo. The court house has integrated much new technology including an electronic document camera. Foster City attorneys are available for assistance in many different fields of law.