Suing for Punitive Damages in White Plains

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Litigation Lawyers in White Plains

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

In White Plains, 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 White Plains, New York

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

Punitive damages in White Plains, New York are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. White Plains, New York courts will consider various factors in considering whether or not to award punitive damages. For instance, the court might employ a sliding scale that weighs the immorality of the defendant's behavior against the actual harm that it caused to the plaintiff, and calculate damages accordingly.

It's essential to know that punitive damages in White Plains, 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.

In White Plains, New York, punitive damage awards are normally (but not always) capped at 10 times the amount awarded in compensatory damages. Remember, however, that this is just a basic rule of thumb, and is not completely rigid. In New York, appeals courts have a good deal of discretion in deciding if a punitive damage award is valid or invalid. Much larger awards have been upheld, and smaller awards have been overturned. The validity of a specific punitive damage award will depend heavily on the facts of each case.

How Can a White Plains, New York Attorney Help?

In White Plains, 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 engaged in a case in White Plains, New York that you believe might entitle you to punitive damages, a lot of money could be at stake. Thus, if you want to pursue your legal remedies, you should see a White Plains, New York civil litigation attorney as soon as possible.

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Life in White Plains

White Plains is located in Westchester County, New York. It is an affluent county that is home to around one million people. It is just north of New York City. Surrounding areas include the Hudson River, Harrison, Long Island Sound, Scarsdale, and Greenburgh. Per the 2010 census, White Plains itself has a population of 56,853 people.

Top employers include the Starwood Hotels, ITT, Bunge, Combe, Alliance Bernstein, Dannon, Krasdale Foods, Nine West, Vimeo, Acadia Realty Trust, AboveNet, Heineken, and Nokia. Naturally, to support all these corporations, White Plains is home to excellent and qualified attorneys who are there to serve the legal needs of residents and businesses.

Popular sites include the White Plains Armory, the Percy Grainger Home, and the Jacob Purdy House.

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