Suing for Punitive Damages in Santa Barbara

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Litigation Lawyers in Santa Barbara

In Santa Barbara, 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 Santa Barbara, 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 Santa Barbara, 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 Santa Barbara, California

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

Punitive damages in Santa Barbara, California are not granted 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 Santa Barbara, 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 important to note that in Santa Barbara, 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 Santa Barbara, California, punitive damage awards are normally (but not always) capped at 10 times the amount awarded in compensatory damages. Remember, however, that this is just a general 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 particular punitive damage award will depend heavily on the facts of each case.

How Can a Santa Barbara, California Attorney Help?

Santa Barbara, 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 live in Santa Barbara, California and are engaged in a case that you believe carries the possibility of a punitive damage award, you may be entitled to a large amount of money from the person or company that hurt you. To know for sure, you should speak with a civil litigation attorney in Santa Barbara, California.

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Life in Santa Barbara

Santa Barbara, California is a city in Santa Barbara County, where it also serves as the county seat. It currently has a population of about 88,000 people.

Santa Barbara, California is known for being host to one of the very few military engagements of World War II to occur on the continental United States. In 1942, a Japanese submarine surfaced off the coast of Santa Barbara, and fired several shots at the Ellwood oil refinery. There were no injuries. Although there was no evidence that collaboration or espionage by any U.S. residents played a role in the attack, the incident was used by the government to justify the internment of Japanese-Americans living on the West Coast, a decisions which is now remembered as one of the low points in America's history.

After World War II, many of the servicemen who served in the war, and disembarked from Santa Barbara, California moved into the city permanently. This caused a population boom. Many of these servicemen went on to college, and became successful professionals in Santa Barbara, California, some of them lawyers.

If you live in Santa Barbara, California and are in need of an attorney, it's very likely that there's a Santa Barbara, California attorney who can provide assistance.

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