Suing for Punitive Damages in San Jose

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Litigation Lawyers in San Jose

In San Jose, 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 San Jose, 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 critical to note that courts in San Jose, 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 San Jose, California

Generally personal injury cases in San Jose, California involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for instance). In San Jose, California, this is not enough to justify the award of punitive damages.

Punitive damages in San Jose, 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 San Jose, 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.

There are limits on punitive damages in San Jose, 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 San Jose, California, punitive damage awards are usually (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.

How Can a San Jose, California Attorney Help?

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

If you are immersed in a case in San Jose, California where punitive damages are a possibility, a very large amount of money could be at stake, whether you are the plaintiff or defendant. You should not delay to speak with a civil litigation attorney in San Jose, California

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Life in San Jose

San Jose, California is a large city filled with families, universities, young professionals trying to make it in the Silicon Valley, and a diverse population! Some of San Jose's most visited attractions are the Children's Discovery Museum, Happy Hollow Park and Zoo, the HP Pavilion Center, the Tech Museum, San Jose Museum of Art, History Park, Winchester Mystery House, J. Lohr Winery, and Plaza de Cesar Chavez Park.

San Jose is also filled with great dining areas such as Santana Row, and great shopping with many malls such as Westfield's Valley Fair and Oakridge Shopping Centers. San Jose is also home to the Silicon Valley, an area that gave birth to companies such as Apple and Google, and a great place for small start-ups. Therefore, there is something for every type of professional in Silicon Valley.

To serve the Silicon Valley's legal needs, many law firms have office locations located in, or near, San Jose. These firms house some of the sharpest legal minds in the country. All in all, no legal need goes unattended in San Jose, California.

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