Suing for Punitive Damages in Albany

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Litigation Lawyers in Albany

The civil litigation system in Albany, New York 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 Albany, New York 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 Albany, New York, 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 Albany, New York

Mostly personal injury cases in Albany, New York do not involve punitive damages, because the defendant did not intend to cause harm, or act with some other form of malice. Instead, 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 Albany, New York.

Punitive damages in Albany, New York are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Albany, New York courts will consider several 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 conduct against the actual harm that it caused to the plaintiff, and calculate damages accordingly.

However, in Albany, New York, 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 Albany, New York is that punitive damages can be no larger than compensatory damages times ten. This rule is not absolute, of course. Courts in New York 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 Albany, New York Attorney Help?

In Albany, New York, there are a virtually unlimited number of situtations in which punitive damages can be awarded.

If you have been injured in Albany, New York 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 Albany, New York.

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Life in Albany

Albany is the capital city of New York State, and the county seat of Albany County. Albany, New Yorkis a medium-sized city, boasting a population of just under 100,000 people.

In 1908, Albany, New York opened one of the first commercial airports in the world, which served as a precursor to the Albany International Airport, which officially opened in 1920, and has been in continuous use since them.

Also, Albany, New York has a rich arts scene, with several renowned artists calling it home, along with some successful galleries. At the beginning of the spring season, Albany hosts an annual tulip festival, a popular regional event.

Albany is also a diverse city, with residents from a wide range of backgrounds. Albany's thriving artistic community, at least in part, owes its existence to this diversity.

New York is home to several nationally-renowned law schools, including New York University, and Columbia University,as well as some less-known law schools, which are very well-respected locally. Because of this, there is no shortage of Albany, New York lawyers.

Whatever legal problem you might have, it's likely that you can find a competent Albany, New York lawyer, at a fair price.

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