Suing for Punitive Damages in Aurora

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Litigation Lawyers in Aurora

In Aurora, Colorado, 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 Aurora, Colorado 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.

You should be aware that courts in Aurora, Colorado are not particularly fond of granting punitive damages, because they view it as a financial windfall that generally runs counter to civil litigation's primary purpose of compensating victims of wrongdoing for the harm they've suffered. However, if the conduct of the defendant was completely reprehensible and the harm caused was deliberate, a court might impose damages to punish the defendant, known as "punitive damages."

Conduct that can give rise to punitive damages in Aurora, Colorado

The vast majority of personal injury lawsuits in Aurora, Colorado involve cases in which the defendant did not intend to harm the plaintiff, but did so through carelessness. This is not enough to award punitive damages in Aurora, Colorado.

In Aurora, Colorado, punitive damages are only awarded in extreme cases. 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 Aurora, Colorado will consider many different factors. Typically, 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.

It's essential to know that punitive damages in Aurora, Colorado are subject to limits. The Supreme Court of the United States has held, more than once, that punitive damages can't be grossly disproportionate to the actual harm suffered by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government taking property from the defendant without due process of law.

Punitive damages in Aurora, Colorado typically cannot exceed 10 times the amount of actual damages suffered by the plaintiff. However, this is just a guideline, and not a strict rule. Courts in Colorado have found larger punitive damage awards to be perfectly valid, and smaller ones to be invalid. This will be highly dependent on the facts of each case.

How Can a Aurora, Colorado Attorney Help?

In Aurora, Colorado, judges and juries have a good deal of leeway in deciding if they want to grant punitive damages, so there are a nearly-unlimited number of cases that can lead to a punitive damage award.

If you are engaged in a case in Aurora, Colorado 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 Aurora, Colorado

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Life in Aurora

Aurora, Colorado is a city that spans Arapahoe, Adams, and Douglas counties. It is the third-largest city in Colorado, and the 56th-largest city in the United States, with a population of 325,000 people.

During the 1970s and 80s, Aurora began to grow rapidly, after relatively slow growth from its founding in the 1800s. This was due in large part to a broader growth trend in the American West, with many businesses and industries taking advantage of cheap land prices, and a business-friendly climate in Colorado and other Western states.

The largest employer currently in Aurora is the Buckley Air Force Base, which employs over 12,100 people. Many Aurora, Colorado attorneys, both military and civilian, work for this air force base, either directly or indirectly.

Of course, there are Aurora, Colorado attorneys who can handle most non-military legal issues that the average person is likely to face. If you need legal advice, there are many lawyers in Aurora, Colorado who can help.

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