Suing for Punitive Damages in San Luis Obispo

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Litigation Lawyers in San Luis Obispo

In San Luis Obispo, 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 San Luis Obispo, 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 Luis Obispo, 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 Luis Obispo, California

Typically personal injury cases in San Luis Obispo, 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 Luis Obispo, California, this is not enough to justify the award of punitive damages.

Punitive damages in San Luis Obispo, California are not authorized 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 San Luis Obispo, 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.

It's critical to note that in San Luis Obispo, California, punitive damages are not unlimited. The Supreme Court has repeatedly held that punitive damages cannot be hugely disproportionate to the amount awarded to compensate the plaintiff for the actual injuries they suffered. If the punitive damages are extremely excessive, an appeals court might rule that they amount to a deprivation of property without due process of law, or a de facto criminal punishment, without affording the defendant the protections available in criminal cases.

In general, punitive damages in San Luis Obispo, 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 San Luis Obispo, California Attorney Help?

In San Luis Obispo, California, judges and juries have a good deal of leeway in deciding if they want to grant punitive damages, so there are a nearly-unlimited number of cases that can lead to a punitive damage award.

If you have been hurt in San Luis Obispo, 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 San Luis Obispo, California.

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Life in San Luis Obispo

San Luis Obispo, California is a city in San Luis Obispo County. It is the county seat of, and largest city in, San Luis Obispo County. It has a population of about 42,000, as of a 2006 estimate by the U.S. Census Bureau. It is located on California's central coast, almost exactly midway between San Francisco and Los Angeles.

San Luis Obispo is home to the California Polytechnic University at San Luis Obispo, which iscommonly referred to as "Cal Poly" or "Cal Poly SLO." Many of its degree programs, particularly argiculture, engineering, and architecture, are consistently ranked among the best in the United States.

Thanks to the presence of a large, nationally-renowned university, San Luis Obispo definitely has a "college town" feel to it. And its proximity to the ocean, and the mountains further inland, provide a wealth of outdoor recreational activities. The Diablo Canyon nuclear power plant is located on the outskirts of San Luis Obispo provides most of the electric power for the area, and is also a major employer for professionals in a wide range of fields, particularly engineers. This power plant creates several thousand well-paying jobs, and is crucial to the local economy.

If you live in San Luis Obispo, California and need an attorney, you should be able to find one. There's almost certainly a San Luis Obispo, California lawyer who can help you with whatever legal issue you might have.

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