Suing for Punitive Damages in Newark

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The civil litigation system in Newark, 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 Newark, 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 Newark, New Jersey are not awarded lightly, because the civil justice system typically 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 Newark, New Jersey

A majority of personal injury litigation actions in Newark, New Jersey do not involve the possibility of punitive damages, because they normally involve injuries where the defendant is at fault for the harm caused, but did not intend to do any harm. In Newark, New Jersey, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.

In Newark, New Jersey, punitive damages are not awarded in most cases. They are usually only awarded when the defendant's behavior was so reckless or deplorable that punishment of the defendant is warranted. Acts such as battery, fraud, and defamation (in some cases) are usually considered sufficient in Newark, New Jersey to justify punitive damages. In deciding whether to award punitive damages, and how much to award, the two most important factors the court looks at will be the level of immorality of the act, as well as the actual harm that the plaintiff suffered as a result of the defendant's conduct.

However, in Newark, New Jersey, 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.

Punitive damages in Newark, New Jersey normally 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 Newark, New Jersey Attorney Help?

The law of Newark, 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 several situations where they might be awarded.

If you are immersed in a case in Newark, New Jersey 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 Newark, New Jersey

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Life in Newark

Newark is a massive city. To give you an idea how massive, "The Brick City" is the largest in all of New Jersey and at a short distance of 8 miles from Manhattan, it's an ideal place for many New York professionals to call home. Port Newark is on Newark Bay along the Atlantic Ocean and is the largest port on the East Coast. The Port of Newark offers the most rail facilities, biggest cranes, and wide deep docking. It serves as the location for shipping nearly all New York containers. Newark's skyline shows what industrious city it is. Newark is home to the headquarters of Prudential Financial, Horizon Blue Cross and Blue Shield of New Jersey, New Jersey Transit, and the Public Service Enterprise Group PSEG are headquartered in downtown Newark.

Newark plays host to some of the nation's best universities and schools. The New Jersey Institute of Technology has educated NASA aerospace engineers to National Technical Medal of Technology winners. Rutgers University is located in Newark and has been consistently voted as one of the top business and graduate school in the United States. The city and local colleges draw outstanding talent for the New Jersey Performing Arts Center that is just adjacent to Military Park, a 6 acre green space with the well known "Wars of America" statue on display. You may also remember Brick City which was aired as a five part documentary on the Sundance Channel in 2009. The second installment comes in 2011. The documentary revolved around Newark's leaps and bounds to improve the safety and corruption of the past.

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