Sentences with phrase «punitive damage award if»

Respondent also argues that Oregon provides adequate review, because the trial judge can overturn a punitive damages award if there is no substantial evidence to support an award of punitive damages.

Permits a court to reduce a punitive damages award if deterrence can be achieved without the award.

Not exact matches

It provides that a court shall award actual damages, and may award punitive damages, if a SLAPP defendant shows that the SLAPP was brought to harass, inhibit the defendant's public participation or exercise of constitutional rights, or otherwise wrongfully injure the defendant.

Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court.

If you win, you can recover your actual damages and be awarded punitive damages if the court finds that the lender's conduct was willfuIf you win, you can recover your actual damages and be awarded punitive damages if the court finds that the lender's conduct was willfuif the court finds that the lender's conduct was willful.

If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator's award, will be entitled to recover reasonable attorneys» fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.

Fourth, and perhaps most important, in product liability cases, Oregon requires that punitive damages, if any, be awarded based on seven substantive criteria, set forth in Ore..

If we continue the aforementioned example where $ 24,000 compensatory damages were awarded, punitive damages could not exceed $ 120,000.

For example, if the jury awards $ 500,000 for economic damages, the most it can award for punitive damages is $ 500,000.

'' «Punitive damages: If you have found that plaintiff is entitled to general damages, you must then consider whether to award punitive Punitive damages: If you have found that plaintiff is entitled to general damages, you must then consider whether to award punitive punitive damages.

If the other driver is convicted of DUI, you may also be awarded punitive damages that are intended to punish that driver's reckless behavior and also to deter others from driving under the influence (as if the legal prohibitions weren't sufficientIf the other driver is convicted of DUI, you may also be awarded punitive damages that are intended to punish that driver's reckless behavior and also to deter others from driving under the influence (as if the legal prohibitions weren't sufficientif the legal prohibitions weren't sufficient).

The Virginia Supreme Court states that under Code § 8.01 — 44.5, a finder of fact may award punitive damages if the evidence demonstrates:

For example, Will says he can envision higher punitive damages being reasonably awarded by a jury if the insurer was a repeat offender or if the case represented a pattern of corporate misconduct.

However, you may be entitled to an award of punitive damages if the defendant acted with malice, fraud, or oppression.

In some cases, punitive damages may also be awarded if it can be proven that the fracking company acted intentionally or engaged in gross negligence.

If the defendant acted recklessly (drinking and driving) or intentionally, you may be entitled to an award for Punitive Damages.

If a car accident lawyer can show that the cause of the accident was a speeding driver, not only will they be able to prove the driver's negligence and assign them fault, but they might be able to ask the jury to award punitive damages, because speeding is understood and accepted as behavior that should not occur behind the wheel.

If the initial complaint or other earlier filings had contained a claim for punitive damages, or even an allegation that the defendants acted maliciously, willfully, recklessly, wantonly, fraudulently, or in bad faith, the Court would have likely allowed the punitive damages issue to be heard by the jury, and the plaintiff may have received a larger award at the conclusion of the case.

Punitive damages can also be awarded if the defendant's conduct was so outrageous that the court or the law of the state has the authority to punish the defendant for their actions.

If the court were to allow the issue of punitive damages to go forward to the jury, the jury would receive specific jury instructions regarding the elements necessary to award punitive damages.

If you file a lawsuit and you prevail, you may be compensated for any medical expenses you incurred and any income you lost, and in the most egregious cases, you may also be awarded punitive damages.

If a case does, in fact, qualify for punitive damages, the jury will award punitive damages in accordance with the jury instructions.

Section 411.130 of the Kentucky Revised Statutes allows punitive damages to be awarded in wrongful death cases if the act that resulted in the death was either willful or the result of gross negligence.

The judgement also awarded US$ 8.6 billion in punitive damages if the oil company did not issue an apology within 14 days.

If you are involved in an accident with a drunk driver you should be entitled to an award of punitive damages even if you only incur property damage and certainly if there are personal injuries involveIf you are involved in an accident with a drunk driver you should be entitled to an award of punitive damages even if you only incur property damage and certainly if there are personal injuries involveif you only incur property damage and certainly if there are personal injuries involveif there are personal injuries involved.

Punitive damages can be awarded in your medical malpractice case if the medical professional acted recklessly or maliciously.

This means that if a jury awards $ 100,000 to a plaintiff for economic damages, it can not order more than $ 100,000 in punitive damages.

Most people might think that if you are not seriously injured that you are not entitled to an award of punitive damages.

In some cases, if an insurer's conduct is egregious or heavy handed, a Court could award punitive or aggravated damages against the insurer.

If one of the drivers acted with extreme recklessness or malice, punitive damages may also be awarded.

If you sue a drunk driver for injuries you suffered in a drunk driving crash, then the jury can award you punitive, or «punishment «damages.

If punitive damages are awarded, they are rarely covered by insurance, and can only be collected from the personal assets and income of the defendant perpetrator.

If I were to award punitive damages, it would be purely symbolic.

Punitive damages, if the circumstances of your case warrant pursuit of an award that would serve to punish the defendant for egregious conduct.

If the facts and circumstances are there, however, recovery of punitive damages can substantially enhance any award due to an injury victim.

In wrongful death cases, punitive damages may also be awarded if gross negligence is demonstrated.

In addition, if there is evidence that the driver's conduct was deliberate or wanton, the jury may be entitled to award punitive damages to punish the driver and prevent future harm.

If you can get past all the legal challenges and be awarded punitive damages, in most circumstances, you're limited to an amount between $ 200,000 and $ 750,000, depending on the the actual «economic» damages determined by the jury.

In some instances, a jury may award punitive damages if they believe the defendant acted in a particularly reckless or malicious manner.

Under Georgia law, punitive damages may only be awarded in a tort action if «it is proven by clear and convincing evidence that the defendant's actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.»

Under California Civil Code 3294, a plaintiff may be awarded punitive damages if there is clear and convincing evidence that the defendant in their case is guilty of:

If the court considers the party responsible for the injuries or death to have been behaving in a particularly egregious manner, it may award punitive damages to the victim as well as compensatory ones.

However, plaintiffs pursuing damages from a wrongful death claim may be entitled to an award of punitive damages if the defendant is convicted of felony murder.

If victims claim punitive damages, the jury will consider factors including the degree of reprehensibility of the defendant's actions, the disparity between the punitive award and the actual harm, and the amount of sanctions usually imposed for similar actions.

There is no cap on the amount of total compensation you will be awarded in any state, especially once you add in punitive damages, if any.

A judge or jury will typically award punitive damages if the defendant acted with fraud, malice, or willful or wanton misconduct.

If they acted with oppression, fraud, or malice, you may be entitled to recover an award of punitive damages.

You will be awarded punitive damages in your injury lawsuit if the judge determines that the actions of the defendant were malicious or done with the purpose of causing harm.

California courts have also held that punitive damages may be awarded if a defendant is guilty of willful and wanton negligence.

Punitive damages will only be awarded in a breach of contract case (such as a wrongful dismissal) if there is an independent actionable wrong.