Suing for Punitive Damages in Salem

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Litigation Lawyers in Salem

In Salem, Oregon, civil litigation is not meant to punish wrongdoers, at least that is not its main purpose. Rather, it is designed to ensure that the victims of wrongdoing are given compensation for the harm they've suffered.

There is an exception to this basic rule, however: in certain cases, a court in Salem, Oregon will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is known as "punitive damages."

Courts in Salem, Oregon do not authorize punitive damages in most cases. The civil litigation system is geared against authorizing financial windfalls to civil plaintiffs. But, there are rare cases, where the defendant has done something to the plaintiff that is so morally reprehensible, that society's interest in punishing the defendant and deterring comparable misconduct outweighs the civil justice system's preference against punitive damages.

Conduct that can give rise to punitive damages in Salem, Oregon

Mostly personal injury cases in Salem, Oregon do not involve punitive damages, because the defendant did not intend to cause harm, or act with some other form of malice. Instead, most of these cases involve situations where the defendant acted carelessly, but did not actually intend to cause harm. This is enough to award compensatory damages, but it is far from sufficient to award punitive damages in Salem, Oregon.

In Salem, Oregon, punitive damages are not awarded in most cases. They are typically only awarded when the defendant's conduct 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 Salem, Oregon 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.

There are limits on punitive damages in Salem, Oregon. The Supreme Court has held that punitive damage awards which are grossly disproportionate to the immorality of the conduct, and the harm that it caused, are an unconstitutional deprivation of property without due process of law.

A good rule of thumb for calculating the upper limit of punitive damages in Salem, Oregon is that punitive damages can be no larger than compensatory damages times ten. This rule is not absolute, of course. Courts in Oregon have a good deal of discretion in awarding punitive damages, and will decide them based on the facts of each case. Because of this, punitive damage awards larger than 10 times compensatory damages are occasionally upheld, while much smaller awards have been overturned, because they were deemed excessive in a certain case.

How Can a Salem, Oregon Attorney Help?

In Salem, Oregon, judges and juries have a good deal of leeway in deciding if they want to grant punitive damages, so there are a nearly-unlimited number of circumstances that can lead to a punitive damage award.

If you have been injured in Salem, Oregon and you think punitive damages might be justified, a large amount of money might be at stake. For that reason, you should not delay to consult a civil litigation attorney in Salem, Oregon.

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Life in Salem

Salem, Oregon is the capital of the state of Oregon, and the county seat of Marion County. It is located in the center of the scenic Willamette Valley, on the banks of the Willamette River. It is the third-largest city in the state of Oregon, with a population of 155,000.

Salem, OR was first settled by Europeans in 1812, where explorers established it as a trading post. In the 1840s, more permanent settlement came in the form of Christian missionaries. Shortly thereafter, Salem became the capital of the Oregon Territory, and continued to serve in this capacity when Oregon became a state in 1859.

Because it is the state capital, Salem, Oregon's economy is supported heavily by jobs created by the state government, which is the largest employer in Salem. In addition to employing all of the state elected officials in Oregon, from the governor down to state legislators, the government of Oregon, through its many agencies headquartered in Salem, employs a large number of administrative personnel, and other professionals. In particular, the state government employs many Salem, Oregon lawyers.

In Salem, there are also many lawyers in private practice. Salem, Oregon is home to Willamette University School of Law, which is part of the oldest university in the Western United States. Willamette University's law school has graduated hundreds of successful Salem, Oregon lawyers throughout its long history.

If you are facing a legal issue in Salem, Oregon and need assistance, it's highly likely that you'll be able to find a Salem, Oregon attorney who can help you.

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