Suing for Punitive Damages in Orange

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Litigation Lawyers in Orange

In Orange, 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 Orange, 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.

It's essential to note that courts in Orange, California prefer not to grant punitive damages. This is because the civil justice system is designed primarily to compensate the victims of wrongdoing. However, there are some cases where the defendant's conduct was so immoral and evil that civil courts have an interest in making them pay additional 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 Orange, California

The vast majority of personal injury lawsuits in Orange, 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 Orange, California.

Punitive damages in Orange, California are not granted 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 Orange, 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.

However, in Orange, California, the law places limits on punitive damages. The U.S. Supreme Court has ruled many times that punitive damages cannot be grossly disproportionate to the evil nature of the conduct, and the injuries that the defendant suffered. If they are disproportionate, punitive damages might be considered a deprivation of the defendant's right to due process of law.

In Orange, 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 general 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 particular punitive damage award will depend heavily on the facts of each case.

How Can a Orange, California Attorney Help?

The law of Orange, California doesn't lay out many strict conditions which are required before punitive damages can be granted. Instead, it largely leaves it to the discretion of the courts. So, there are many situations where they might be awarded.

If you live in Orange, 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 money from the person or company that hurt you. To know for sure, you should speak with a civil litigation attorney in Orange, California.

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Life in Orange

The city of Orange, California has a population of about 137,000 and is located about 3 miles from Santa Ana, the seat of Orange County. It has recently become a popular choice of residence for commuters who are employed in Los Angeles. Orange, California is well-known for its cozy, "old-town" feel that it maintains.

Part of Orange's charm is due to the large number of old and historic homes that have been preserved by the city. Many homes in Orange's "Old Town District" were built before 1920. Orange Historic District also contains original structures built around the time of the city's incorporation in the late 1800's. Orange, California has the second largest concentration of historic buildings in the nation.

In addition to its old-town feel, Orange has welcomed a number of modern institutions and retail centers. Of notable interest is "The Block at Orange", which is an outdoor entertainment and shopping locale. It features several upscale restaurants and is a popular shopping destination.

Lawyers in Orange, California provide assistance in a wide range of general legal fields. Many Orange, California lawyers have unique skills in specialized areas of law. Most attorneys in Orange file their claims at the Superior Court of California, County of Orange.

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