Suing for Punitive Damages in Irondequoit

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Litigation Lawyers in Irondequoit

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

A majority of personal injury litigation actions in Irondequoit, New York do not involve the possibility of punitive damages, because they usually involve injuries where the defendant is at fault for the harm caused, but did not intend to do any harm. In Irondequoit, New York, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.

In Irondequoit, New York, punitive damages are only awarded in extreme circumstances. 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 Irondequoit, New York will consider many different factors. Usually, 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 important to know that punitive damages in Irondequoit, 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 Irondequoit, 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 Irondequoit, New York Attorney Help?

In Irondequoit, New York, 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 are located in Irondequoit, New York, and are involved in a case that you think, based on the information conveyed above, that might have punitive damages as an option, you can't be sure what, if anything, you're entitled to from the defendant until you consult with an Irondequoit, New York civil litigation attorney

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Life in Irondequoit

Irondequoit is located in Monroe County, New York. It has a population of 51,692 per the 2010 census. It is large suburb of Rochester.

Popular sites include Helmer Nature CENTER, Irondequoit Bay Outlet Bridge, Parkside Whispering Pines, Rochester Canoe Club, Seabreeze Amusement Park, and The Flats.

Many attorneys have established practices in the suburb. Therefore, residents and businesses can rest assured because their legal needs can and will be taken care of.

Famous residents include David Walker, Cal Ripken Sr., Sean Lahman, Don Holleder, and Steve Gadd.

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