Suing for Punitive Damages in North Bergen

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Litigation Lawyers in North Bergen

The civil litigation system in North Bergen, 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 North Bergen, 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 North Bergen, 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 North Bergen, New Jersey

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

In North Bergen, New Jersey, punitive damages are not awarded in most cases. They are normally only awarded when the defendant's actions 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 North Bergen, 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 North Bergen, New Jersey, the law places limits on punitive damages. The U.S. Supreme Court has ruled many 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 North Bergen, New Jersey is that punitive damages can be no larger than compensatory damages times ten. This rule is not absolute, of course. Courts in New Jersey 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 North Bergen, New Jersey Attorney Help?

In North Bergen, New Jersey, 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 are engaged in a case in North Bergen, 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 North Bergen, New Jersey

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Life in North Bergen

North Bergen is a township located in Hudson County, New Jersey. North Bergen, New Jersey has a population of about 60,000 people, as of the 2000 Census.

North Bergen got its name in the 1800s, when the former Bergen Township was divided into several smaller sections, one of them being North Bergen.

North Bergen, New Jersey is known for its hilly terrain, and is said to be second only to San Francisco in American cities with the most hills. It also has an elaborate shape - resembling an inverted "L." These factors have lead to different sections of North Bergen evolving into distinctive neighborhoods, each with its own unique look and feel.

In order to spur development and commerce, the state of New Jersey has designated North Bergen as an "Urban Enterprise Zone." Many state laws and regulations operate differently (or not at all) in these zones, for the purpose of encouraging businesses to set up shop. For example, sales tax is only 3 1/2%, as opposed to 7% in the rest of the state, and many items, mostly necessities for life, or those related to starting a business, are tax-free.

If you live in North Bergen, New Jersey and are in need of legal advice, you're in luck. There are many North Bergen, New Jersey lawyers who are ready to help you with whatever legal problems you may be facing.

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