Suing for Punitive Damages in Santa Cruz

Find the right Litigation attorney in Santa Cruz, CA

Litigation Lawyers in Santa Cruz

In Santa Cruz, 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 Santa Cruz, 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 important to note that courts in Santa Cruz, 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 Santa Cruz, California

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

Punitive damages in Santa Cruz, 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 Santa Cruz, 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.

You should be cognizant of the fact that there are some pretty severe limits on punitive damages in Santa Cruz, California. The U.S. Supreme Court has found that there are constitutional limits on punitive damage awards. Punitive damages can't be too disproportionate to the actual damages that the plaintiff has suffered. Appeals courts have found that excessive punitive damage awards violate the defendant's right to due process, by depriving them of considerable amounts of property.

In general, punitive damages in Santa Cruz, 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 Santa Cruz, California Attorney Help?

Santa Cruz, California's courts have wide discretion in awarding punitive damages. Therefore, it is unrealistic to comprehensively discuss all the situations in which punitive damages can arise.

If you live in Santa Cruz, 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 funds from the person or company that hurt you. To know for sure, you should speak with a civil litigation attorney in Santa Cruz, California.

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Life in Santa Cruz

Santa Cruz, California is the largest city in, and county seat of, Santa Cruz County. It has a population of about 60,000 people.

Santa Cruz was the location of a Spanish settlement that was established in 1791. Beginning in the mid-20th century, and continuing to this day, Santa Cruz has long been a center of liberal and progressive social activism. In 1992, Santa Cruz, California became one of the first cities in the United States to legalize medical marijuana. The presence of the University of California, Santa Cruz adds to this culture of activism. It is also the largest employer in Santa Cruz, with about 7,000 workers.

UC Santa Cruz does not have a law school, but many of its graduates go on to attend other California law schools, and become successful Santa Cruz, California lawyers.

If you are a resident of Santa Cruz, and are in need of legal help, you can almost certainly find a Santa Cruz, California attorney who can assist you.

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