Litigation Lawyers in Sandy
In Sandy, Utah, civil litigation is not meant to punish wrongdoers, at least that is not its primary purpose. Instead, 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 Sandy, 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. Rather, these "punitive damages," as they are called, are meant to punish and deter wrongdoing.
Courts in Sandy, 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 Sandy, Utah
Personal injury litigation doesn't normally carry with it the possibility of punitive damages in Sandy, Utah, because generally 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 Sandy, Utah.
Punitive damages in Sandy, Utah are not granted in many cases. They are only awarded when the defendant's actions 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 Sandy, Utah will be considered. Additionally, 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 Sandy, 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 Sandy, Utah normally 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 Sandy, Utah Attorney Help?
In Sandy, Utah, judges and juries have a good deal of leeway in deciding if they want to grant punitive damages, so there are a nearly-unlimited number of situations that can lead to a punitive damage award.
If you have been harmed in Sandy, 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 Sandy, Utah.