Suing for Punitive Damages in Modesto
In Modesto, 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 Modesto, 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.
It's important to note that courts in Modesto, California prefer not to grant punitive damages. This is because the civil justice system is designed mainly to compensate the victims of wrongdoing. Nonetheless, there are some cases where the defendant's conduct was so immoral and evil that civil courts have an interest in making them pay further damages, going above and beyond what's needed to compensate the victim, in order to serve as a deterrent.
Conduct that can give rise to punitive damages in Modesto, California
The vast majority of personal injury lawsuits in Modesto, California involve cases 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 Modesto, California.
In Modesto, California, punitive damages are only awarded in extreme cases. Civil wrongs such as fraud, conversion (theft), battery, and other intentional, depraved acts are sufficient to award punitive damages. In deciding whether or not to award punitive damages, and how much money to award, courts in Modesto, California will consider many different factors. Typically, they employ a sliding scale, weighing the nature of the conduct and the actual harm that the conduct caused. The more immoral the conduct, and/or the more harm caused, the more likely a court is to award punitive damages.
It's important to know that punitive damages in Modesto, 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 sustained by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government acquiring property from the defendant without due process of law.
In general, punitive damages in Modesto, California cannot be more than 10 times larger than the actual damages sustained by the plaintiff. Nonetheless, this is not an absolute rule, and appeals courts in California have upheld much larger awards, and found much smaller awards to be invalid. It's decided on a case-by-case basis.
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In Modesto, California, there are a large variety of situations in which punitive damages are appropriate, because the decision to grant punitive damages is largely up to the discretion of the jury.
If you have been hurt in Modesto, California and you think punitive damages might be justified, a large amount of money might be at stake. For that reason, you should not delay to consult a civil litigation attorney in Modesto, California.
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Life in ModestoModesto is a city in Stanislaus County, California. As of 2009, it has a population 211,000, making it the 17th most populous city in California.
Modesto was founded in 1870, as a stop along the new railroad that connected Los Angeles and Sacramento. Modesto's economy is based almost entirely around agriculture, and the other industries that support the agricultural industry. During World War II, Modesto, California was a major source of food for the war effort.
Unfortunately, Modesto is burdened with a high crime rate, and a struggling economy with chronic unemployment well above the national average. However, Forbes Magazine has ranked it fairly highly in its "best bang for your buck" ratings, suggesting that Modesto's real estate market is an excellent destination for bargain-hunters. During the 2000s, the downtown area of Modesto was revitalized and modernized, with significant additions made to the Gallo Center for The Arts, as well as many other improvements.
If you live in Modesto, California and need an attorney, you're in luck. Modesto, California lawyers can handle just about any type of legal problem they're presented with.