Litigation Lawyers in Canon City

In Canon City, 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 Canon City, 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 Canon City, 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 Canon City, Colorado

The vast majority of personal injury lawsuits in Canon City, 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 Canon City, Colorado.

Punitive Damages in Canon City, Colorado are only awarded in cases where the actions of the plaintiff was intentional and highly immoral, or extremely reckless. In Canon City, 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.

You should be aware of the fact that there are some pretty severe limits on punitive damages in Canon City, Colorado. 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 massive amounts of property.

In general, punitive damages in Canon City, Colorado cannot be more than 10 times larger than the actual damages suffered by the plaintiff. However, this is not an absolute rule, and appeals courts in Colorado have upheld much larger awards, and found much smaller awards to be invalid. It's determined on a case-by-case basis.

How Can a Canon City, Colorado Attorney Help?

The law of Canon City, Colorado 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 many situations where they might be awarded.

If you have been harmed in Canon City, Colorado and you think punitive damages might be justified, a large amount of money might be at stake. For that reason, you should not hesitate to consult a civil litigation attorney in Canon City, Colorado.