Suing for Punitive Damages in Tustin

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Litigation Lawyers in Tustin

In Tustin, 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 Tustin, 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 essential to note that courts in Tustin, 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 Tustin, California

Mostly personal injury cases in Tustin, California do not involve punitive damages, because the defendant did not intend to cause harm, or act with some other form of malice. Instead, most of these cases involve situations where the defendant acted carelessly, but did not actually intend to cause harm. This is enough to award compensatory damages, but it is far from sufficient to award punitive damages in Tustin, California.

In Tustin, California, punitive damages are only awarded in extreme circumstances. Civil wrongs such as fraud, conversion (theft), battery, and other intentional, depraved acts are sufficient to award punitive damages. In deciding whether or not to award punitive damages, and how much money to award, courts in Tustin, California will consider many different factors. Usually, they employ a sliding scale, weighing the nature of the conduct and the actual harm that the conduct caused. The more immoral the conduct, and/or the more harm caused, the more likely a court is to award punitive damages.

You should be cognizant of the fact that there are some pretty severe limits on punitive damages in Tustin, 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 large amounts of property.

Punitive damages in Tustin, California usually cannot surpass 10 times the amount of actual damages suffered by the plaintiff. Nonetheless, this is just a guideline, and not a strict rule. Courts in California have found larger punitive damage awards to be perfectly valid, and smaller ones to be invalid. This will be strongly dependent on the facts of each case.

How Can a Tustin, California Attorney Help?

In Tustin, California, there are a basically unlimited number of situtations in which punitive damages can be awarded.

If you are involved in a case in Tustin, California that you believe might entitle you to punitive damages, a lot of money could be at stake. So, if you want to pursue your legal remedies, you should see a Tustin, California civil litigation attorney as soon as possible.

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Life in Tustin

Tustin, California is a thriving community in Orange County near Los Angeles. Tustin has a suburban character and is home to a population of about 76,000 people. The city has been listed in Forbes Magazine as one of the top 25 places to live in America. This may be largely due to Tustin's top 10% ranking in terms of per capita, as well as the city's short commuting distance to other areas in Los Angeles.

The city of Tustin, California is also known for its rich availability of economic and employment opportunities. Top employers in the area include ABM Industries, Lineage Power, and Rockwell Collins. The health care industry also supports much of Tustin's economy. Many Tustin residents also work in the surrounding cities and enjoy a short commute to other major areas.

Visitors to Tustin can look forward to an abundance of attractions and events. Places like the Market Place and Jamestown Village Center provide excellent shopping in an old town-style setting. The Tustin Sports Park and Columbus Tustin Activity Center are venues for many sports and recreation events. Local gatherings include Old Town Art Walk, and the "Halloween Howl" festival. Overall, Tustin California is an ideal location for leisure and residence.

Lawyers in Tustin, California assist the community by providing a wide range of legal services. Tustin lawyers are available to assist clients at the Superior Court of California, County of Orange. The court processes a variety of claims, many of them involving the specific ordinances and statutes in Tustin.

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