Suing for Punitive Damages in Troy

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Litigation Lawyers in Troy

The civil litigation system in Troy, New York is designed to provide compensation for persons 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 Troy, New York, courts will, in fairly 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.

In Troy, New York, punitive damages are not awarded in many cases. This is because the civil litigation system highly disfavors giving money to plaintiffs in amounts disproportionate to the injuries they have suffered. Nonetheless, 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 Troy, New York

The vast majority of personal injury lawsuits in Troy, 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 Troy, New York.

In Troy, New York, punitive damages are not awarded in most cases. They are usually only awarded when the defendant's behavior was so reckless or deplorable that punishment of the defendant is warranted. Acts such as battery, fraud, and defamation (in some cases) are usually considered sufficient in Troy, New York to justify punitive damages. In deciding whether to award punitive damages, and how much to award, the two most important factors the court looks at will be the level of immorality of the act, as well as the actual harm that the plaintiff suffered as a result of the defendant's conduct.

It's important to know that punitive damages in Troy, 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 sustained by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government acquiring property from the defendant without due process of law.

Typically, in Troy, New York, punitive damage awards that exceed the actual damages (those awarded to directly compensate the plaintiff) by a factor of 10. This is not an absolute rule, nonetheless, and is applied on a case-by-case basis. Courts in New York have found much smaller awards to be invalid, and upheld much larger awards.

How Can a Troy, New York Attorney Help?

In Troy, New York, there are a large variety of situations 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 immersed in a case in Troy, New York that you believe might entitle you to punitive damages, a lot of money could be at stake. Therefore, if you want to pursue your legal remedies, you should see a Troy, New York civil litigation attorney as soon as possible.

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Life in Troy

Troy is the county seat of Rensselaer County, New York. The city was settled as early as 1787 and currently lists its population at about 49,000 people. Troy is nicknamed "the Collar City" on account of its history of producing shirts, collars, and other types of clothing.

Troy is also famous for its connection with Samuel Wilson, who is thought to be the basis for "Uncle Sam". Uncle Sam is the personified character of America, and he lived near Riverfront Park in Troy. A memorial there commemorates his life and inspiration to the country.

Currently, Troy preserves a great deal of Victorian architecture in the Central Troy Historic District. Another beautiful place to visit is Franklin Plaza, where an elaborately designed ballroom makes formal occasions even more elegant.

Troy is a festive and thriving city. According to recent statistics, the city has not been affected by economic conditions as much as other areas in the nation. Some popular events in Troy include the Troy Flag Day Parade, the Uncle Sam Parade, the Troy Turkey Trot, and Troy Night Out. Residents and visitors alike can catch a glimpse of early American culture simply by being in Troy.

Troy lawyers usually represent their clients at the Troy City Court. Much like Uncle Sam, lawyers in Troy City, New York exemplify the American ideals of justice and equality.

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