Litigation Lawyers in Brush

In Brush, 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 situations, courts in Brush, 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 Brush, 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 Brush, Colorado

The vast majority of personal injury lawsuits in Brush, Colorado involve instances 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 Brush, Colorado.

Punitive Damages in Brush, Colorado are only awarded in cases where the actions of the plaintiff was intentional and highly immoral, or extremely reckless. In Brush, Colorado, torts such as fraud, gross negligence, and theft are sufficient to award punitive damages. Courts consider numerous factors when deciding whether or not punitive damages are warranted. Courts will look at the nature of the act, as well as the defendant's intent in performing the act. This will be weighed, on a sliding scale, against the actual harm that the defendant's conduct caused to the plaintiff.

However, in Brush, Colorado, the law places limits on punitive damages. The U.S. Supreme Court has ruled several times that punitive damages cannot be grossly disproportionate to the evil nature of the conduct, and the injuries that the defendant suffered. If they are disproportionate, punitive damages might be considered a deprivation of the defendant's right to due process of law.

A good rule of thumb for calculating the upper limit of punitive damages in Brush, Colorado is that punitive damages can be no larger than compensatory damages times ten. This rule is not absolute, of course. Courts in Colorado have a good deal of discretion in awarding punitive damages, and will determine them based on the facts of each case. Because of this, punitive damage awards larger than 10 times compensatory damages are sometimes upheld, while much smaller awards have been overturned, because they were deemed excessive in a particular case.

How Can a Brush, Colorado Attorney Help?

In Brush, Colorado, there are a essentially unlimited number of situtations in which punitive damages can be awarded.

If you are located in Brush, Colorado, and are immersed in a case that you think, based on the information conveyed above, that might have punitive damages as an option, you can't be sure what, if anything, you're entitled to from the defendant until you consult with a Brush, Colorado civil litigation attorney