Suing for Punitive Damages in Rochester

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The civil litigation system in Rochester, New Hampshire is designed to provide compensation for persons who are injured because of the unlawful conduct of others. It is not much concerned with punishing or deterring wrongdoers.

Nonetheless, this general principle has a major exception. In rare cases, a Rochester, New Hampshire judge or jury can award damages to the plaintiff that are not calculated by the actual losses sustained. Instead, they serve the purpose of punishing the defendant, and deterring others from wrongdoing. These are called "punitive damages."

You should be cognizant that courts in Rochester, New Hampshire are not especially fond of authorizing 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 Rochester, New Hampshire

Personal injury litigation doesn't typically carry with it the possibility of punitive damages in Rochester, New Hampshire, because typically personal injury cases stem from harm that was caused accidentally, not deliberately. Accidental harm is not enough to warrant an award of punitive damages in Rochester, New Hampshire.

Punitive damages in Rochester, New Hampshire are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Rochester, New Hampshire courts will consider various factors in considering whether or not to award punitive damages. For instance, the court might employ a sliding scale that weighs the immorality of the defendant's behavior against the actual harm that it caused to the plaintiff, and calculate damages accordingly.

It's important to note that in Rochester, New Hampshire, punitive damages are not unlimited. The Supreme Court has repeatedly held that punitive damages cannot be hugely disproportionate to the amount awarded to compensate the plaintiff for the actual injuries they suffered. If the punitive damages are extremely excessive, an appeals court might rule that they amount to a deprivation of property without due process of law, or a de facto criminal punishment, without affording the defendant the protections available in criminal cases.

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

How Can a Rochester, New Hampshire Attorney Help?

In Rochester, New Hampshire, 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 live in Rochester, New Hampshire 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 Rochester, New Hampshire.

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Life in Rochester

Rochester is home to 32,000 Strafford County residents who live in New Hampshire's largest region, the Seacoast region. Rochester is home to Skyhaven Airport and the annual Rochester Fair. The Rochester Fair has lots of games, carnival ride, and even food, wine, and fine dining tents.

The 45 square miles Rochester covers was incorporated in 1772 and encompasses both East Rochester and Gonic Villages. The heavily wooded area have a number of very tall White Pine trees that were reserved to be used as masts for Royal Navy Ships. During the Revolutionary War, Rochester was used as a meeting place for soldiers before traveling to their assignments.

A Civil War monument once stood in the downtown section of town and commemorated the 54 men who died in Rochester but during World War II, cannons on the side were melted down for use in the war. The monument today depicts a civil war scene accented by four World War II guns. Rochester is a destination for many American history buffsand localschool trips.

Rochester is an attractive community that is ideally situated in the New England region.The city allows a wide variety of professionals, artists, and students to commute to nearby cities and states. It's geographic locationprovides dramatic autumn trees attracting tourists from around theglobe.

Rochester has been a place where important people have gone to live because it is positioned in such a desirable location within New England. This includes Inventor Isaac Adams, Governors, U.S. Congressmen, Senators, and Arctic explorers like Charles Francis Hall. Rochester is home to some great lawyers today too. Rochester lawyers are familiar with local courts and their rigid procedures. They can help you do everything from getting money for an injury to disentangling your personal assets with an ex-husband or ex-wife.

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