Suing for Punitive Damages in Binghamton

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Litigation Lawyers in Binghamton

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

Mostly personal injury cases in Binghamton, 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 Binghamton, New York.

Punitive Damages in Binghamton, New York are only awarded in cases where the conduct of the plaintiff was intentional and highly immoral, or extremely reckless. In Binghamton, New York, torts such as fraud, gross negligence, and theft are sufficient to award punitive damages. Courts consider numerous factors when deciding whether or not punitive damages are warranted. Courts will look at the nature of the act, as well as the defendant's intent in performing the act. This will be weighed, on a sliding scale, against the actual harm that the defendant's conduct caused to the plaintiff.

You should be aware of the fact that there are some pretty severe limits on punitive damages in Binghamton, New York. 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 large amounts of property.

In general, punitive damages in Binghamton, New York cannot be more than 10 times larger than the actual damages suffered by the plaintiff. However, this is not an absolute rule, and appeals courts in New York have upheld much larger awards, and found much smaller awards to be invalid. It's determined on a case-by-case basis.

How Can a Binghamton, New York Attorney Help?

The law of Binghamton, New York 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 live in Binghamton, New York and are involved in a case that you believe carries the possibility of a punitive damage award, you may be entitled to a large amount of money from the person or company that injured you. To know for sure, you should speak with a civil litigation attorney in Binghamton, New York.

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Life in Binghamton

Binghamton is the county seat of Broome County in the state of New York. With a population of 47,000, it is considered the cultural center of the "Greater Binghamton" area, also known as the "Triple Cities" metropolitan area. It was settled as early as 1802 and officially incorporated as a city in 1867. Currently Binghamton is known for being a city with a rich history of technological innovation. The city is the birthplace of companies like IBM, Link Simulators, and Dick's Sporting Goods. Binghamton University is also located nearby and is an important contributor to the economy and educational atmosphere of the Triple Cities area.

Residents of Binghamton enjoy the city's many urban and rural trails, which are suitable for bicycling and walking. One of the more popular urban trails is the Downtown and Northside River Walk, which winds past many of the town's main attractions. Binghamton also boasts a number of fitness and recreation facilities.

Notable Binghamton residents have included musical composer Frederick Ayres and author Liam Murphy. Binghamton has also made several appearances in many films, TV shows, and books.

Lawyers practicing in Binghamton, New York typically file their cases in either the Binghamton City Court or the Broome County Courthouse. The Binghamton Supreme Court Law Library has proven to be of great assistance for many Binghamton lawyers. Binghamton lawyers practice in a wide variety of legal fields and topics.

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