Litigation Lawyers in Riverbank
In Riverbank, 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 Riverbank, 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 important to note that courts in Riverbank, 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 Riverbank, California
Typically personal injury cases in Riverbank, California involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for example). In Riverbank, California, this is not enough to justify the award of punitive damages.
Punitive Damages in Riverbank, California are only awarded in cases where the behavior of the plaintiff was intentional and highly immoral, or extremely reckless. In Riverbank, California, torts such as fraud, gross negligence, and theft are sufficient to award punitive damages. Courts consider numerous factors when deciding whether or not punitive damages are warranted. Courts will look at the nature of the act, as well as the defendant's intent in performing the act. This will be weighed, on a sliding scale, against the actual harm that the defendant's conduct caused to the plaintiff.
It's important to know that punitive damages in Riverbank, 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 suffered by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government taking property from the defendant without due process of law.
In general, punitive damages in Riverbank, California cannot be more than 10 times larger than the actual damages suffered by the plaintiff. However, 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 determined on a case-by-case basis.
How Can a Riverbank, California Attorney Help?
Riverbank, California's courts have wide discretion in awarding punitive damages. Accordingly, it is unrealistic to comprehensively discuss all the situations in which punitive damages can arise.
If you are engaged in a case in Riverbank, California that you believe might entitle you to punitive damages, a lot of money could be at stake. Thus, if you want to pursue your legal remedies, you should see a Riverbank, California civil litigation attorney as soon as possible.