Litigation Lawyers in Sunland Park
The civil litigation system in Sunland Park, New Mexico 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 Sunland Park, 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.
In Sunland Park, New Mexico, punitive damages are not awarded in many cases. This is because the civil litigation system strongly disfavors giving money to plaintiffs in amounts disproportionate to the injuries they have suffered. However, in some cases, the conduct of the defendant is so reprehensible, that simply punishing the defendant is a worthy goal, and this interest outweighs the preference against giving civil plaintiffs financial windfalls.
Conduct that can give rise to punitive damages in Sunland Park, New Mexico
A majority of personal injury litigation actions in Sunland Park, New Mexico 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 Sunland Park, New Mexico, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.
Punitive damages in Sunland Park, New Mexico are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Sunland Park, New Mexico courts will consider many factors in considering whether or not to award punitive damages. For example, the court might employ a sliding scale that weighs the immorality of the defendant's actions against the actual harm that it caused to the plaintiff, and calculate damages accordingly.
You should be aware of the fact that there are some pretty severe limits on punitive damages in Sunland Park, New Mexico. The U.S. Supreme Court has found that there are constitutional limits on punitive damage awards. Punitive damages can't be too disproportionate to the actual damages that the plaintiff has suffered. Appeals courts have found that excessive punitive damage awards violate the defendant's right to due process, by depriving them of massive amounts of property.
A good rule of thumb for calculating the upper limit of punitive damages in Sunland Park, 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 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 Sunland Park, New Mexico Attorney Help?
In Sunland Park, New Mexico, there are a large number of cases in which punitive damages are appropriate, because the decision to grant punitive damages is largely up to the discretion of the jury.
If you have been harmed in Sunland Park, New Mexico 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 Sunland Park, New Mexico.