Litigation Lawyers in Bountiful
In Bountiful, Utah, 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.
Of course, there are exceptions to this rule. In Bountiful, Utah, 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.
Courts in Bountiful, Utah 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 Bountiful, Utah
Generally personal injury cases in Bountiful, Utah involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for instance). In Bountiful, Utah, this is not enough to justify the award of punitive damages.
In Bountiful, Utah, 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 Bountiful, Utah 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 Bountiful, Utah 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.
Punitive damages in Bountiful, Utah normally 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 Utah 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 Bountiful, Utah Attorney Help?
In Bountiful, Utah, 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 situations that can lead to a punitive damage award.
If you are immersed in a case in Bountiful, Utah 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 Bountiful, Utah