Suing for Punitive Damages in Cedar City

Find the right Litigation attorney in Cedar City, UT

Litigation Lawyers in Cedar City

In Cedar City, 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 Cedar City, 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 Cedar City, 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 Cedar City, Utah

Generally personal injury cases in Cedar City, Utah involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for instance). In Cedar City, Utah, this is not enough to justify the award of punitive damages.

Punitive damages in Cedar City, Utah are not authorized in many cases. They are only awarded when the defendant's actions 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 Cedar City, Utah will be considered. Additionally, 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.

There are limits on punitive damages in Cedar City, Utah. 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.

Typically, in Cedar City, Utah, punitive damage awards that exceed the actual damages (those awarded to directly compensate the plaintiff) by a factor of 10. This is not an absolute rule, nonetheless, and is applied on a case-by-case basis. Courts in Utah have found much smaller awards to be invalid, and upheld much larger awards.

How Can a Cedar City, Utah Attorney Help?

The law of Cedar City, Utah 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 live in Cedar City, Utah and are immersed in a case that you believe carries the possibility of a punitive damage award, you may be entitled to a large amount of funds from the person or company that harmed you. To know for sure, you should speak with a civil litigation attorney in Cedar City, Utah.

Talk to a Law Attorney now!

Life in Cedar City

Cedar City, Utah is a community of about 28,000 people located in Iron County.

Rock art dating from the years 1000 to 1300 AD has been found around Cedar City, indicating that humans have lived in the era since prehistory. The first Americans of European descent to settle the area were a group of Mormon pioneers, who arrived in 1851. For a brief period after this initial settlement, an ironworks operated in Cedar City, but closed in 1858. However, iron mining remained an important industry in Cedar City well into the late 20th Century.

In 1923, a railroad connection to the city was completed, allowing Cedar City, Utah to serve as a gateway for tourists visiting the area's several national parks, such as Zion National Park, Grand Canyon National Park, and Bryce Canyon National Park. This lead to rapid growth of the city, because, during that time, Americans were beginning to see the value of preserving wilderness, and the number of visitors to national parks was skyrocketing.

Cedar City, Utah remains a major hub for visitors to these national parks, and other nearby points of interest, to this day.

Cedar City, Utah lawyers are well-equipped to handle a wide variety of legal problems that an ordinary person is likely to face. However, you shouldn't take that to indicate that any case is too big for the lawyers of Cedar City, Utah, either.

Clients Rate LegalMatch Attorneys
(click to read reviews)

Howard B.
Howard B.

Business - Litigation

Rye Brook, NY

Mark B.
Mark B.

Business - Litigation

Roseland, NJ

David A.
David A.

Business - Litigation

Walnut Creek, CA