Litigation Lawyers in Mill Valley


There is a major exception to this rule, however. In limited situations, courts in Mill Valley, California will order a defendant to pay the plaintiff damages which are not directly tied to any harm sustained by the plaintiff. Rather, these damages, which are known as "punitive damages", are meant to punish the wrongdoer, and serve as a deterrent.


Conduct that can give rise to punitive damages in Mill Valley, California

The vast majority of personal injury lawsuits in Mill Valley, California involve instances in which the defendant did not intend to harm the plaintiff, but did so through carelessness. This is not enough to award punitive damages in Mill Valley, California.


You should be cognizant of the fact that there are some pretty severe limits on punitive damages in Mill Valley, California. The U.S. Supreme Court has found that there are constitutional limits on punitive damage awards. Punitive damages can't be too disproportionate to the actual damages that the plaintiff has suffered. Appeals courts have found that excessive punitive damage awards violate the defendant's right to due process, by depriving them of massive amounts of property.

A good rule of thumb for calculating the upper limit of punitive damages in Mill Valley, California is that punitive damages can be no larger than compensatory damages times ten. This rule is not absolute, of course. Courts in California 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 Mill Valley, California Attorney Help?

In Mill Valley, California, there are a practically unlimited number of situtations in which punitive damages can be awarded.

If you live in Mill Valley, California and are immersed 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 harmed you. To know for sure, you should speak with a civil litigation attorney in Mill Valley, California.