Suing for Punitive Damages in Fresno
In Fresno, 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.
There is a major exception to this rule, however. In limited cases, courts in Fresno, California will order a defendant to pay the plaintiff damages which are not directly tied to any harm sustained by the plaintiff. Rather, these damages, which are known as "punitive damages", are meant to punish the wrongdoer, and serve as a deterrent.
In Fresno, California, punitive damages are not awarded in many cases. This is because the civil litigation system highly disfavors giving money to plaintiffs in amounts disproportionate to the injuries they have suffered. Nonetheless, 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 Fresno, California
Personal injury litigation doesn't typically carry with it the possibility of punitive damages in Fresno, 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 Fresno, California.
Punitive damages in Fresno, California are not authorized in many cases. They are only awarded when the defendant's behavior 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 Fresno, California will be considered. Moreover, 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 Fresno, 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.
In Fresno, California, punitive damage awards are normally (but not always) capped at 10 times the amount awarded in compensatory damages. Remember, however, that this is just a basic rule of thumb, and is not completely rigid. In California, appeals courts have a good deal of discretion in deciding if a punitive damage award is valid or invalid. Much larger awards have been upheld, and smaller awards have been overturned. The validity of a specific punitive damage award will depend heavily on the facts of each case.
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Fresno, California's courts have wide discretion in awarding punitive damages. Therefore, it is unrealistic to comprehensively discuss all the situations in which punitive damages can arise.
If you live in Fresno, California and are engaged 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 hurt you. To know for sure, you should speak with a civil litigation attorney in Fresno, California.
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Life in FresnoFresno is the seat of Fresno County, California and home to over 500,000 residents. As the largest city in the San Joaquin Valley, the Fresno Metropolitan area plays host to 1.2 million. Fresno is Spanish for ash tree. The ash tree's leaf is even featured on the City of Fresno flag. Many locals are work on large scale agricultural farms that produce many fruits and nuts distributed throughout the world. Community Medical Centers, the City of Fresno, Kaiser Permanente, and the Saint Agnes Medical Center are other major employers. Another major employer and attraction to Fresno is California State University, Fresno.
Fresno is host to a number of important Courts. The United States Courthouse for the Eastern District of California is located downtown and handles a number of Federal cases like Immigration issues. The Fresno County Court is responsible for many of the cases that arise in Fresno including Criminal cases like assault and DUI as well as Civil cases like personal injury. The Fifth Appellate District of the State of California Court of Appeals handles any criminal appeals. The San Joaquin College of Law is one of the local law schools serving potential Fresno lawyers.