Suing for Punitive Damages in Sioux Falls

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Litigation Lawyers in Sioux Falls

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

There is a major exception to this rule, however. In limited situations, courts in Sioux Falls, South Dakota will order a defendant to pay the plaintiff damages which are not directly tied to any harm sustained by the plaintiff. Rather, these damages, which are known as "punitive damages", are meant to punish the wrongdoer, and serve as a deterrent.

Punitive Damages in Sioux Falls, South Dakota are not awarded easily, 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 Sioux Falls, South Dakota

Generally personal injury cases in Sioux Falls, South Dakota do not involve punitive damages, because the defendant did not intend to cause harm, or act with some other form of malice. Rather, 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 Sioux Falls, South Dakota.

Punitive Damages in Sioux Falls, South Dakota are only awarded in cases where the actions of the plaintiff was intentional and highly immoral, or extremely reckless. In Sioux Falls, South Dakota, 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.

Nonetheless, in Sioux Falls, South Dakota, the law places limits on punitive damages. The U.S. Supreme Court has ruled numerous 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.

In Sioux Falls, South Dakota, punitive damage awards are usually (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 South Dakota, 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 Sioux Falls, South Dakota Attorney Help?

The law of Sioux Falls, South Dakota 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 numerous situations where they might be awarded.

If you are immersed in a case in Sioux Falls, South Dakota where punitive damages are a possibility, a very large amount of money could be at stake, whether you are the plaintiff or defendant. You should not delay to speak with a civil litigation attorney in Sioux Falls, South Dakota

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Life in Sioux Falls

With a population of about 153,000, Sioux Falls is the largest city in South Dakota. Over the recent decades, Sioux Falls, South Dakota has become one of the most important centers for retail trade, health care, and financial services in the area. Sioux Falls was chartered in 1856 and is home to many large corporations such as Citigroup and Wells Fargo.

In addition to being a vital economic hub for the region, Sioux Falls South Dakota boasts a number of attractions and local events. Every year the city hosts arts culture events like the "Festival of Bands", "Jazz Fest", and an unique "Sculpture Walk" cataloguing the history and progress of the city.

Sioux Falls is also home to Empire Mall, the largest one-story shopping mall in the U.S. With its unique mix of economic growth and its thriving arts culture scene, many residents and visitors appreciate the mix of opportunities that Sioux Falls offers.

Lawyers in Sioux Falls, South Dakota practice law in wide range of legal fields to serve community needs. Many Sioux Falls lawyers contribute to civic and social activities through organizations like the State Bar of South Dakota.

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