Litigation Lawyers in Palm Desert
In Palm Desert, 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 situations, courts in Palm Desert, 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 essential to note that courts in Palm Desert, 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 Palm Desert, California
The vast majority of personal injury lawsuits in Palm Desert, California involve instances 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 Palm Desert, California.
Punitive damages in Palm Desert, California are not authorized 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 Palm Desert, 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.
You should be cognizant of the fact that there are some pretty severe limits on punitive damages in Palm Desert, California. The U.S. Supreme Court has found that there are constitutional limits on punitive damage awards. Punitive damages can't be too disproportionate to the actual damages that the plaintiff has suffered. Appeals courts have found that excessive punitive damage awards violate the defendant's right to due process, by depriving them of massive amounts of property.
In general, punitive damages in Palm Desert, 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.
How Can a Palm Desert, California Attorney Help?
Palm Desert, California's courts have wide discretion in awarding punitive damages. Therefore, it is impractical to comprehensively discuss all the situations in which punitive damages can arise.
If you live in Palm Desert, California and are immersed 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 harmed you. To know for sure, you should speak with a civil litigation attorney in Palm Desert, California.