Suing for Punitive Damages in Cheektowaga

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Litigation Lawyers in Cheektowaga

The civil litigation system in Cheektowaga, 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 Cheektowaga, 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.

You should be aware that courts in Cheektowaga, New York are not particularly fond of granting punitive damages, because they view it as a financial windfall that generally runs counter to civil litigation's primary purpose of compensating victims of wrongdoing for the harm they've suffered. However, if the conduct of the defendant was completely reprehensible and the harm caused was deliberate, a court might impose damages to punish the defendant, known as "punitive damages."

Conduct that can give rise to punitive damages in Cheektowaga, New York

The vast majority of personal injury lawsuits in Cheektowaga, New York involve instances in which the defendant did not intend to harm the plaintiff, but did so through carelessness. This is not enough to award punitive damages in Cheektowaga, New York.

In Cheektowaga, New York, punitive damages are only awarded in extreme situations. Civil wrongs such as fraud, conversion (theft), battery, and other intentional, depraved acts are sufficient to award punitive damages. In deciding whether or not to award punitive damages, and how much money to award, courts in Cheektowaga, New York will consider many different factors. Normally, they employ a sliding scale, weighing the nature of the conduct and the actual harm that the conduct caused. The more immoral the conduct, and/or the more harm caused, the more likely a court is to award punitive damages.

It's necessary to know that punitive damages in Cheektowaga, New York are subject to limits. The Supreme Court of the United States has held, more than once, that punitive damages can't be grossly disproportionate to the actual harm suffered by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government taking property from the defendant without due process of law.

In general, punitive damages in Cheektowaga, 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 Cheektowaga, New York Attorney Help?

In Cheektowaga, New York, 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 situations that can lead to a punitive damage award.

If you live in Cheektowaga, New York and are immersed 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 harmed you. To know for sure, you should speak with a civil litigation attorney in Cheektowaga, New York.

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Life in Cheektowaga

Cheektowaga is located in Erie County, New York. It has a population of about 88,300 people. The city's name comes from the Native American world "ji-ik-do-wa-gah," which means "the place of the crab apple tree." Apparently, Polish Americans significantly make up the Cheektowaga population.

Surrounding areas include Buffalo, West Seneca, Village of Depew, Lancaster, and Amherst.

The city is also filled with attorneys who practice law either in small law offices or firms. These attorneys provide excellent legal guidance to residents and local businesses. Therefore residents and businesses can remain rest assured because all their legal needs can be taken care of.

All in all, Cheektowaga offers visitors and residents a wonderful, community-like atmosphere.

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