Suing for Punitive Damages in Albuquerque

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Litigation Lawyers in Albuquerque

The civil litigation system in Albuquerque, New Mexico 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.

This basic principle is subject to an significant exception, however. There are cases where a judge in Albuquerque, New Mexico 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 Albuquerque, New Mexico are not awarded easily, 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 Albuquerque, New Mexico

Typically personal injury cases in Albuquerque, New Mexico do not involve punitive damages, because the defendant did not intend to cause harm, or act with some other form of malice. Alternatively, most of these cases involve situations where the defendant acted carelessly, but did not actually intend to cause harm. This is enough to award compensatory damages, but it is far from sufficient to award punitive damages in Albuquerque, New Mexico.

In Albuquerque, New Mexico, 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 Albuquerque, New Mexico 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.

There are limits on punitive damages in Albuquerque, New Mexico. 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.

A good rule of thumb for calculating the upper limit of punitive damages in Albuquerque, New Mexico is that punitive damages can be no larger than compensatory damages times ten. This rule is not absolute, of course. Courts in New Mexico 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 Albuquerque, New Mexico Attorney Help?

Albuquerque, New Mexico's courts have wide discretion in awarding punitive damages. Therefore, it is unrealistic to comprehensively discuss all the situations in which punitive damages can arise.

If you are engaged in a case in Albuquerque, New Mexico 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 delay to speak with a civil litigation attorney in Albuquerque, New Mexico

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Life in Albuquerque

Albuquerque is biggest city in the State of New Mexico with over 600,000 residents and 182 square miles. A percentage of the population can be attributed to the University of New Mexico, Kirkland Air Force Base, and a number of other labs and research institutes. Albuquerque is also the seat of the Diocese of the Rio Grande. The Pueblo Revival style of architecture was popularized by an Albuquerque native John Gaw Meem. A number of outstanding examples, including the University of New Mexico, exist in Albuquerque.

Otherpopular places to visitinclude Old Town Albuquerque, Sandia Mountain, and the Albuquerque Biological Park. The Petroglyph National Monument is one of the city's most popular. Albuquerque was voted Men's Fitness number one fit city because the city offers outstanding bike lanes, a number of public and private gyms, and a very low obesity and health injury rate. If you're not from Albuquerque, you may remember what it looks like from the movie Sunshine Cleaning and television shows such as Breaking Bad and In Plain Sight. The City of Albuquerque is racially very diverse and threw a festival to represent their diversity and celebrate their history at their Tri-centennial Celebration. Yes, the city has been inhabited since 1706.

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