Litigation Lawyers in Santaquin
In Santaquin, Utah, civil litigation is not meant to punish wrongdoers, at least that is not its main purpose. Rather, 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 Santaquin, 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. Instead, these "punitive damages," as they are called, are meant to punish and deter wrongdoing.
Courts in Santaquin, 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 Santaquin, Utah
Personal injury litigation doesn't usually carry with it the possibility of punitive damages in Santaquin, Utah, because mostly 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 Santaquin, Utah.
Punitive damages in Santaquin, Utah are not authorized in many cases. They are only awarded when the defendant's conduct 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 Santaquin, Utah will be considered. Furthermore, 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 Santaquin, 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.
In Santaquin, Utah, punitive damage awards are typically (but not always) capped at 10 times the amount awarded in compensatory damages. Remember, however, that this is just a basic rule of thumb, and is not completely rigid. In Utah, appeals courts have a good deal of discretion in deciding if a punitive damage award is valid or invalid. Much larger awards have been upheld, and smaller awards have been overturned. The validity of a specific punitive damage award will depend heavily on the facts of each case.
How Can a Santaquin, Utah Attorney Help?
Santaquin, Utah's courts have wide discretion in awarding punitive damages. Therefore, it is impossible to comprehensively discuss all the situations in which punitive damages can arise.
If you are involved in a case in Santaquin, 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 Santaquin, Utah