Litigation Lawyers in Grantsville

In Grantsville, Utah, civil litigation is not meant to punish wrongdoers, at least that is not its primary purpose. Rather, 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 Grantsville, Utah, courts will, in relatively rare cases, require defendants to pay plaintiffs sums of money which aren't calculated by the actual harm and costs the plaintiff has incurred. Instead, these "punitive damages," as they are called, are meant to punish and deter wrongdoing.

Courts in Grantsville, Utah do not grant punitive damages in most cases. The civil litigation system is geared against granting 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 similar misconduct outweighs the civil justice system's preference against punitive damages.

Conduct that can give rise to punitive damages in Grantsville, Utah

Personal injury litigation doesn't usually carry with it the possibility of punitive damages in Grantsville, Utah, because mostly personal injury cases stem from harm that was caused accidentally, not deliberately. Accidental harm is not enough to warrant an award of punitive damages in Grantsville, Utah.

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

However, in Grantsville, Utah, the law places limits on punitive damages. The U.S. Supreme Court has ruled several 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.

Punitive damages in Grantsville, Utah usually cannot exceed 10 times the amount of actual damages suffered by the plaintiff. However, 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 highly dependent on the facts of each case.

How Can a Grantsville, Utah Attorney Help?

In Grantsville, Utah, there are an essentially unlimited number of situtations in which punitive damages can be awarded.

If you are located in Grantsville, Utah, and are involved in a case that you think, based on the information conveyed above, that might have punitive damages as an option, you can't be sure what, if anything, you're entitled to from the defendant until you consult with a Grantsville, Utah civil litigation attorney