Suing for Punitive Damages in Orem

Find the right Litigation attorney in Orem, UT

Litigation Lawyers in Orem

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

Courts in Orem, 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 Orem, Utah

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

In Orem, 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 Orem, 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.

It's necessary to note that in Orem, Utah, punitive damages are not unlimited. The Supreme Court has repeatedly held that punitive damages cannot be hugely disproportionate to the amount awarded to compensate the plaintiff for the actual injuries they suffered. If the punitive damages are extremely excessive, an appeals court might rule that they amount to a deprivation of property without due process of law, or a de facto criminal punishment, without affording the defendant the protections available in criminal cases.

A good rule of thumb for calculating the upper limit of punitive damages in Orem, 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 determine them based on the facts of each case. Because of this, punitive damage awards larger than 10 times compensatory damages are sometimes upheld, while much smaller awards have been overturned, because they were deemed excessive in a particular case.

How Can a Orem, Utah Attorney Help?

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

If you have been hurt in Orem, Utah and you think punitive damages might be justified, a large amount of money might be at stake. For that reason, you should not hesitate to consult a civil litigation attorney in Orem, Utah.

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Life in Orem

Orem, Utah is a city of about 93,000 people, located in Utah County.

Orem has nicknamed itself "Family City USA," and, living up to this moniker, it was named by Forbes Magazine as one of the 10 best places in the United States to raise a family. Orem, Utah was named after Martin C. Orem, a railroad magnate who operated a railroad in the area, and served as an early catalyst for its economic growth. Orem was formally incorporated as a town in 1919.

For most of its history, Orem was a small agricultural community. However, the years following World War Two saw booms in the nation's economy, population, and standard of living. This led to a huge amount of farm land giving way to residential developments.

Modernly, Orem, Utah's economy is largely based around Utah Valley University, which is the second-largest public university in Utah, with over 28,000 undergraduates. Orem is also home to many local businesses, as well as regional offices of larger corporations, creating a varied job market.

If you live in Orem, Utah and need an attorney, you're in luck. There's probably at least one Orem, Utah lawyer who can handle your particular legal issue, no matter what area of law is involved. If you need legal advice, you should contact an Orem, Utah lawyer immediately.

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