Suing for Punitive Damages in Hoboken

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Litigation Lawyers in Hoboken

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

This general principle is subject to an important exception, however. There are cases where a judge in Hoboken, New Jersey will order a defendant to pay the plaintiff a sum of money which is not calculated based on actual harm the plaintiff has suffered. These are called "punitive damages" and serve the purpose of punishing and deterring wrongdoing.

Punitive Damages in Hoboken, New Jersey are not awarded lightly, because the civil justice system usually disfavors giving plaintiffs financial windfalls not directly related to compensating them for their injuries. They are usually only awarded when the conduct of the defendant is morally reprehensible, and far worse than simple carelessness.

Conduct that can give rise to punitive damages in Hoboken, New Jersey

Typically personal injury cases in Hoboken, New Jersey involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for example). In Hoboken, New Jersey, this is not enough to justify the award of punitive damages.

Punitive damages in Hoboken, New Jersey are not granted in many cases. They are only awarded when the defendant's behavior was so deplorable and deliberate (but not necessarily criminal) that punishment is warranted. Fraud, battery, conversion (theft) and other intentional, insidious acts are usually required before punitive damages in Hoboken, New Jersey will be considered. Moreover, in deciding how much to award in punitive damages, a court will consider 2 main factors: the insidious nature of the defendant's conduct, and the actual harm that the plaintiff suffered as a result.

There are limits on punitive damages in Hoboken, New Jersey. The Supreme Court has held that punitive damage awards which are grossly disproportionate to the immorality of the conduct, and the harm that it caused, are an unconstitutional deprivation of property without due process of law.

Punitive damages in Hoboken, New Jersey 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 New Jersey 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 Hoboken, New Jersey Attorney Help?

The law of Hoboken, New Jersey 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 hurt in Hoboken, New Jersey 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 Hoboken, New Jersey.

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Life in Hoboken

Hoboken is located in New Jersey's Hudson County. Per the 2010 census, Hoboken is home to 50,005 people.

Popular attractions include Church Square Park, Columbus Park, Elysian Park, Stevens Park, Madison Park, Gateway Park, Hudson River Waterfront Walkway, Bayonne Bridge, Hoboken Terminal, Pier A, Frank Sinatra Park, Castle Point Park, and Hoboken Cove.

Images of Hoboken display the city's breathtaking beauty and charm. Residents love living here. In the list of residents, practicing attorneys are included. Therefore, any legal need of residents and/or small businesses will be tended to by the legal force of Hoboken. For large complex matters, the top tier legal force in New York is close by.

Overall, residents have the advantage of living in a beautiful area, being close to New York, and having a strong legal force both within and nearby their homes. Next time one visits New Jersey or New York, Hoboken is definitely a place to visit!

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