Suing for Punitive Damages in Utica

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Litigation Lawyers in Utica

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

In Utica, 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 Utica, New York

The vast majority of personal injury lawsuits in Utica, New York involve situations 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 Utica, New York.

Punitive damages in Utica, New York are not authorized 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 Utica, 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.

Nonetheless, in Utica, New York, the law places limits on punitive damages. The U.S. Supreme Court has ruled various 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.

Punitive damages in Utica, New York usually cannot surpass 10 times the amount of actual damages suffered by the plaintiff. Nonetheless, 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 strongly dependent on the facts of each case.

How Can a Utica, New York Attorney Help?

The law of Utica, New York doesn't lay out many strict conditions which are necessary before punitive damages can be authorized. Instead, it largely leaves it to the discretion of the courts. So, there are various situations where they might be awarded.

If you are located in Utica, 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 Utica, New York civil litigation attorney

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Life in Utica

Utica is part of New York's Oneida County. Per the 2010 census, it has a population of 62,235 people.

The city is known for its beautiful attractions. Popular ones include the National Distance Running Hall of Fame, Mohawk Valley Ballet, Sculpture Space, Adirondack Scenic Railroad and Union Station, The Utica Symphony Orchestra, and The Utica Zoo.

Famous residents include Tommy DeCarlo, Chris Garrett, Steve Wynn, Art Mills, Dick Clark, Fran Cosmo, and Ron O'Neal.

Attorneys live and practice in Utica as well. These attorneys practice in many areas of law and focus on providing excellent legal services.

All in all, Utica is a wonderful place to live or visit.

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