Suing for Punitive Damages in Mount Vernon

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Litigation Lawyers in Mount Vernon

The civil litigation system in Mount Vernon, 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.

Of course, there are exceptions to this rule. In Mount Vernon, New York, courts will, in relatively rare cases, require defendants to pay plaintiffs sums of money which aren't calculated by the actual harm and costs the plaintiff has incurred. Instead, these "punitive damages," as they are called, are meant to punish and deter wrongdoing.

Punitive Damages in Mount Vernon, New York are not awarded lightly, because the civil justice system generally disfavors giving plaintiffs financial windfalls not directly related to compensating them for their injuries. They are usually only awarded when the conduct of the defendant is morally reprehensible, and far worse than simple carelessness.

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

Mostly personal injury cases in Mount Vernon, New York involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for example). In Mount Vernon, New York, this is not enough to justify the award of punitive damages.

Punitive damages in Mount Vernon, New York are not granted in many cases. They are only awarded when the defendant's conduct was so deplorable and deliberate (but not necessarily criminal) that punishment is warranted. Fraud, battery, conversion (theft) and other intentional, insidious acts are usually required before punitive damages in Mount Vernon, New York will be considered. Furthermore, in deciding how much to award in punitive damages, a court will consider 2 main factors: the insidious nature of the defendant's conduct, and the actual harm that the plaintiff suffered as a result.

You should be aware of the fact that there are some pretty severe limits on punitive damages in Mount Vernon, 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.

Punitive damages in Mount Vernon, New York usually cannot exceed 10 times the amount of actual damages suffered by the plaintiff. However, this is just a guideline, and not a strict rule. Courts in New York have found larger punitive damage awards to be perfectly valid, and smaller ones to be invalid. This will be highly dependent on the facts of each case.

How Can a Mount Vernon, New York Attorney Help?

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

If you are involved in a case in Mount Vernon, New York that you believe might entitle you to punitive damages, a lot of money could be at stake. So, if you want to pursue your legal remedies, you should see a Mount Vernon, New York civil litigation attorney as soon as possible.

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Life in Mount Vernon

Mount Vernon, New York is a city in Westchester County, and borders The Bronx, a borough of New York City. It has a population of approximately 69,000 people, making it the 8th most populous city in New York state.

For a city of its size, Mount Vernon, New York is extremely diverse, with dozens of different ethnic groups comprising a significant percentage of the population. Owing to this, the city's motto used to be "A City That Believes," an allusion to the dozens of places of worship in the city, covering about 25 different denominations.

Of particular note is the city's Brazilian Community. It comprises more than 10% of the city's population, and is heavily concentrated in a large neighborhood which is characterized by many businesses and restaurants that cater to the community. The Brazilian community's presence in Mount Vernon can actually be felt back in their hometowns, in Brazil. Because most immigrants come to American to make more money, which they can send back to their families. This money has significantly increased the standard of living in several towns in Brazil.

The city's legal community of Mount Vernon reflects the city's diversity. Mount Vernon, New York lawyers can handle just about any case that might walk into their office. If you have a legal problem, you shouldn't hesitate to contact a Mount Vernon, New York lawyer today.

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