Suing for Punitive Damages in Salt Lake City
In Salt Lake City, 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 Salt Lake 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. Alternatively, these "punitive damages," as they are called, are meant to punish and deter wrongdoing.
Courts in Salt Lake 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 Salt Lake City, Utah
Personal injury litigation doesn't typically carry with it the possibility of punitive damages in Salt Lake City, 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 Salt Lake City, Utah.
Punitive damages in Salt Lake City, Utah are not authorized in many cases. They are only awarded when the defendant's behavior 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 Salt Lake City, Utah will be considered. Moreover, 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 Salt Lake 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.
Punitive damages in Salt Lake City, 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.
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Salt Lake City, 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 are located in Salt Lake City, Utah, and are engaged 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 Salt Lake City, Utah civil litigation attorney
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Life in Salt Lake City
Salt Lake City, Utah is the capital of, and largest city in, the state of Utah. It is also the county seat of Salt Lake County. It has a population of about 180,000 people in the city proper, and its greater urban area has a population of over 2 million people.
Salt Lake City was established as the center of Mormon settlement in the Utah Territory, with the first permanent settlement being established in 1847. Disputes quickly sprung up between the settlers and the federal government, largely over the former Mormon practice of polygamy (marrying multiple wives to a single man), which the religion was believed to encourage or mandate at the time. As part of an agreement to end these disputes, Utah (and the Mormon Church) banned polygamy, as a condition of Utah's admission to the Union.
Modernly, Salt Lake City is a thriving medium-sized city, and it is one of the main population and economic centers in the Mountain West. Its economy is largely service-based. Utah is known for having some of the best skiing conditions in North America, so winter tourism is a major sector in the local economy.
If you live in Salt Lake City, Utah, and need an attorney, it's very likely that you'll be able to find one who's right for you. Salt Lake City, Utah lawyers are used to handling a wide variety of cases, with great variation in sophistication.