Litigation Lawyers in Santa Clara
In Santa Clara, 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 Clara, 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 critical to note that courts in Santa Clara, 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 Clara, California
Typically personal injury cases in Santa Clara, 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 Clara, California, this is not enough to justify the award of punitive damages.
Punitive damages in Santa Clara, 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 Clara, 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 Santa Clara, 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 Clara, 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 Clara, California Attorney Help?
The law of Santa Clara, California doesn't lay out many strict conditions which are required before punitive damages can be granted. Instead, it largely leaves it to the discretion of the courts. So, there are several situations where they might be awarded.
If you are engaged in a case in Santa Clara, 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 hesitate to speak with a civil litigation attorney in Santa Clara, California