Suing for Punitive Damages in Midvale

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Litigation Lawyers in Midvale

In Midvale, Utah, civil litigation is not meant to punish wrongdoers, at least that is not its main purpose. Alternatively, 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 Midvale, 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. Alternatively, these "punitive damages," as they are called, are meant to punish and deter wrongdoing.

Courts in Midvale, 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 Midvale, Utah

Personal injury litigation doesn't typically carry with it the possibility of punitive damages in Midvale, Utah, because typically 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 Midvale, Utah.

In Midvale, Utah, punitive damages are only awarded in extreme cases. Civil wrongs such as fraud, conversion (theft), battery, and other intentional, depraved acts are sufficient to award punitive damages. In deciding whether or not to award punitive damages, and how much money to award, courts in Midvale, Utah will consider many different factors. Typically, they employ a sliding scale, weighing the nature of the conduct and the actual harm that the conduct caused. The more immoral the conduct, and/or the more harm caused, the more likely a court is to award punitive damages.

There are limits on punitive damages in Midvale, 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.

Punitive damages in Midvale, Utah typically 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 Midvale, Utah Attorney Help?

The law of Midvale, 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 are engaged in a case in Midvale, 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 Midvale, Utah

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Life in Midvale

Midvale, Utah is a city located in Salt Lake County. It has a population of about 27,000 people.

Prior to the arrival of white settlers, the area now known as Midvale was populated by the Ute Indians, and had been for thousands of years. When settlers arrived in the 19th Century, growth of the town was very slow, and its economy was based almost entirely on subsistence agriculture.

However, the town began to grow, both in population and wealth, with the discovery of rich mineral reserves. Once word got out in the 1850sabout the area's natural wealth, large-scale settlement began.

Modernly, Midvale is closely linked to Salt Lake City, economically. Many people who live in Midvale are employed in the much larger urban center of Salt Lake City. Midvale enjoys the quiet and friendly character of a small town, but its proximity to a large city allows residents to partake of the attractions and amenities that only a big city can offer.

If you have a legal issue, there's probably at least one Midvale, Utah lawyer who can handle it. Midvale, Utah attorneys are highly skilled, and are capable of assisting clients with almost any legal problem.

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