Litigation Lawyers in Tolleson

In Tolleson, Arizona, the civil litigation system is mainly concerned with compensating the victims of wrongdoing, rather than punishing the wrongdoers, or casting moral blame upon them.

Nonetheless, this general principle has a major exception. In rare cases, a Tolleson, Arizona judge or jury can award damages to the plaintiff that are not calculated by the actual losses sustained. Instead, they serve the purpose of punishing the defendant, and deterring others from wrongdoing. These are called "punitive damages."


Conduct that can give rise to punitive damages in Tolleson, Arizona

Personal injury litigation doesn't usually carry with it the possibility of punitive damages in Tolleson, Arizona, 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 Tolleson, Arizona.

In Tolleson, Arizona, punitive damages are only awarded in extreme circumstances. 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 Tolleson, Arizona will consider many different factors. Usually, 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 critical to note that in Tolleson, Arizona, 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.

In general, punitive damages in Tolleson, Arizona cannot be more than 10 times larger than the actual damages sustained by the plaintiff. Nonetheless, this is not an absolute rule, and appeals courts in Arizona have upheld much larger awards, and found much smaller awards to be invalid. It's decided on a case-by-case basis.

How Can a Tolleson, Arizona Attorney Help?

Tolleson, Arizona'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 live in Tolleson, Arizona and are involved 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 injured you. To know for sure, you should speak with a civil litigation attorney in Tolleson, Arizona.