Suing for Punitive Damages in Rome

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The civil litigation system in Rome, 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 Rome, 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. Rather, these "punitive damages," as they are called, are meant to punish and deter wrongdoing.

Punitive Damages in Rome, New York are not awarded lightly, because the civil justice system typically 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 Rome, New York

Personal injury litigation doesn't normally carry with it the possibility of punitive damages in Rome, New York, because generally personal injury cases stem from harm that was caused accidentally, not deliberately. Accidental harm is not enough to warrant an award of punitive damages in Rome, New York.

Punitive Damages in Rome, New York are only awarded in cases where the actions of the plaintiff was intentional and highly immoral, or extremely reckless. In Rome, 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.

However, in Rome, 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 Rome, 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 Rome, New York Attorney Help?

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

If you have been harmed in Rome, 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 Rome, New York.

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Life in Rome

Rome, New York is a city in Oneida County. As of the 2000 Census, Rome's population was about 35,000 people.

Starting with the Revolutionary War, and continuing for many years thereafter, the city of Rome was referred to as "Fort Stanwix" - because that military installation was the only building in the area at the time. The town changed its name to "Rome" sometime in the 1800s, though the exact time of this name change, and the reasons for it, are unknown. It is presumed to be named after the modern Italian city of Rome, or perhaps the ancient empire of the same name.

Construction of the Erie Canal, which eventually connected the Atlantic Ocean with the Great lakes,began in Rome, and led to its industrial ascension, thanks to the Canal's role in the industrialization of America. Today, Rome is home to one of the last examples of an unique natural habitat: sand plains. The Rome Sand Plains are a mosaic of sand dunes, peat bogs, and hardwood forest, creating a huge amount of biodiversity. The sand plains are a major draw for tourists, especially nature enthusiasts.

If you live in Rome, New York, and find yourself facing a legal problem, a Rome, New York attorney can help. Rome, New York lawyers are ready to handle just about any legal issue you might be facing.

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