Suing for Punitive Damages in San Rafael

Find the right Litigation attorney in San Rafael, CA

Litigation Lawyers in San Rafael

In San Rafael, 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 circumstances, courts in San Rafael, 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 crucial to note that courts in San Rafael, 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 Rafael, California

Mostly personal injury cases in San Rafael, 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 Rafael, California, this is not enough to justify the award of punitive damages.

Punitive damages in San Rafael, California are not authorized in many cases. They are only awarded when the defendant's conduct 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 Rafael, California will be considered. Furthermore, 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 crucial to note that in San Rafael, 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.

Generally, in San Rafael, California, punitive damage awards that exceed the actual damages (those awarded to directly compensate the plaintiff) by a factor of 10. This is not an absolute rule, nonetheless, and is applied on a case-by-case basis. Courts in California have found much smaller awards to be invalid, and upheld much larger awards.

How Can a San Rafael, California Attorney Help?

The law of San Rafael, 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 various situations where they might be awarded.

If you are involved in a case in San Rafael, 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 Rafael, California

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Life in San Rafael

San Rafael, California is a city in Marin County, which lies north of San Francisco, at the other end of the Golden Gate Bridge. Its population is currently about 58,000 people.

The area now known as San Rafael, California was originally populated by members of the Coast Miwok tribe of Native Americans.

Modernly, San Rafael's economy is one of the major centers for the entertainment industry outside of Hollywood. George Lucas, the creator of the Star Wars series of films, did most of his early work in San Rafael and the surrounding areas. Nowadays, it is still a center of the entertainment industry, but it focuses more on the high-tech aspects of the business, like special effects. A large number of software companies (particularly game developers) also have headquarters in San Rafael.

As a result of this, there are many lawyers in San Rafael who have developed sophisticated practices around the entertainment industry. Of course, San Rafael, California lawyers can also handle a wide range of other legal issues. If you need legal advice in San Rafael, there's probably a San Rafael, California attorney who can help.

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