Litigation Lawyers in Morgan County
In Morgan County, 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 Morgan County, 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 Morgan County, 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 Morgan County, Utah
Personal injury litigation doesn't typically carry with it the possibility of punitive damages in Morgan County, 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 Morgan County, Utah.
In Morgan County, 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 Morgan County, 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 Morgan County, 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.
A good rule of thumb for calculating the upper limit of punitive damages in Morgan County, Utah is that punitive damages can be no larger than compensatory damages times ten. This rule is not absolute, of course. Courts in Utah have a good deal of discretion in awarding punitive damages, and will decide them based on the facts of each case. Because of this, punitive damage awards larger than 10 times compensatory damages are occasionally upheld, while much smaller awards have been overturned, because they were deemed excessive in a certain case.
How Can a Morgan County, Utah Attorney Help?
Morgan County, Utah's courts have wide discretion in awarding punitive damages. Therefore, it is unrealistic to comprehensively discuss all the situations in which punitive damages can arise.
If you live in Morgan County, Utah and are engaged 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 hurt you. To know for sure, you should speak with a civil litigation attorney in Morgan County, Utah.