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Punitive Damage Awards.

The issue of punitive damage awards has been in the news recently because the United States Supreme Court recently visited the issue when it overturned a 145 million dollar award for punitive damages which was originally awarded in a bad faith insurance claim against State Farm Mutual Automobile Insurance Company. See State Farm Mutual Automobile Insurance Co. v. Campbell, 123 S. Ct. 1513 (2003). The U.S. Supreme Court sent the case back to the Utah Court to determine a more reasonable amount when it found that the 145 million dollar punitive damages award violated the Fourteenth Amendment's Due Process Clause prohibiting "the imposition of grossly excessive or arbitrary punishments on a tortfeasor." The United States Supreme Court gave the following factors to consider in the determination of an appropriate punitive damages award: "(1) the degree of reprehensibility of the defendant's misconduct; (2) the disparity between the actual or potential harm suffered by the plaintiff and the punitive damages award; and (3) the difference between the punitive damages awarded by the jury and the civil penalties authorized or imposed in comparable cases." Although the U.S. Supreme Court did not set forth a "bright-line ratio" that a punitive damages award could not exceed, the Court did warn that "few awards exceeding a single-digit ratio between punitive and compensatory damages . . . will satisfy due process." Other factors in this landmark case involved whether a large punitive damages award should be upheld when there is only economic harm as opposed to physical harm. This means it may be possible to distinguish this holding where the harm was for bad faith on the part of the insurance company as opposed to a case where the punitive damages award rested solely on egregious conduct which caused physical harm. Still, the State Farm case shows that punitive damages awards which are over the compensatory damage awards by a double-digit multiplier are likely to face a constitutional challenge. Visit the Vegas Lawyer site to contact a Nevada Attorney and to get information on many legal issues including punitive damage awards.
In a March 09, 2004 Las Vegas Review Journal article, it was reported that Congressman John Porter, R-Nev., was pushing a bill which would cut federal highway funding to states that failed to prepare plans to counter drugged driving and did not pass a drugged driving law. The article revealed some startling drugged driving statistics, which show that such impaired driving causes needless pain and suffering on a national and local level. Alcohol and drugs cause many senseless impaired driving injuries and fatalities. Impaired driving statistics show that in 2001, more than 1.4 million drivers were arrested for driving under the influence of alcohol or narcotics. The Accident Claims website for Nevada Legal Help, provides more statistics on impaired driving: Drugs other than alcohol (e.g., marijuana and cocaine) have been identified as factors in 18% of deaths among motor vehicle drivers. Other drugs are generally used in combination with alcohol. Nearly three-quarters of drivers convicted of driving while impaired are either frequent heavy drinkers (alcohol abusers) or alcoholics (alcohol dependent). Clearly, drug or alcohol impaired drivers cause far too many Car Accidents - Truck Accidents - Motorcycle Accidents - Pedestrian Accidents - Bus Accidents - and Bicycle Accidents. Be alert for impaired drivers and if you have been injured by an impaired driver, contact a Las Vegas Lawyer.
The Nevada Supreme Court made an important decision regarding the right to a jury trial when a small amount is in controversy. In Aftercare of Clark County v. Justice Ct., 120 Nev. Adv. Op. No. 2 (2004), the Court struck down a $5,000 jury trial threshold and stated that "the Nevada constitutional guaranty of trial by jury covers justice’s court civil actions even when small amounts are in controversy." In a Nevada personal injury claim, a Nevada Lawyer will first try to obtain a settlement by sending a Demand Letter to the other party's insurance company. All efforts are made to get you the damages you are entitled to receive without putting you through the time and expense of a jury trial. If the insurance company refuses to settle for a reasonable amount, a Nevada Attorney can file a lawsuit on your behalf. Here is some information from the Vegas Lawyer site on The Legal Process In A Las Vegas Accident Claim. Here is some more information from the Vegas Law site answering the question: What if I have to file a lawsuit?. The right to a jury trial is an important fundamental right. Do not hesitate to contact a Las Vegas Personal Injury Lawyer to help you evaluate your Nevada accident claim.
There are many Grief Support resources on the Internet. It is important to get help for you and your family if you have lost a family member. For Las Vegas residents who need bereavement help, here is a site with contact information for local grief counseling. Palm Mortuary offers grief counseling services. The Las Vegas Review-Journal provides a list of Support Groups, which includes grief and loss support. The Vegas Lawyer and Nevada Accident Claims websites provide a brief overview of topics and resources which are located on a sponsored site - grieve.info. The grieve.info site has information on How to Deal With Grief - Grief Support Groups - Grief Resources - Memorials To Loved Ones - Funeral Information - and a Legal Help section which includes information on a Wrongful Death claim and Probate Law. Grief counseling and support resources are important tools which may help you and your family through the loss of a loved one. Try to get the help you need as soon as possible.
Came across a KLAS-TV article which reported that a strange accident occurred when a Clark County School District Bus Driver apparently blacked out. Luckily, no one was injured in the accident. The article further stated that Clark County school bus accidents are down this year as compared with last year. You can check out national School Bus Accident information from the DOT / NHTSA's Traffic Safety Facts 2002 - School Transportation-Related Crashes at the Accident Claims Nevada personal injury law site. Also, the Nevada Accident Claims site has some information on the debate over whether lap-belt restraints should be required in a school bus.
The State of Nevada has a great site on Nevada accident statistics. Check out the entire NDOT website. Here are some useful Car Accident Tips, which you might need if you were in an accident. As a tourist destination, Las Vegas has many visitors who drive here from many states. If a car accident happens in Nevada, a lawsuit would need to be filed by a local attorney. In Nevada, there were a total of 29,287 people injured and 314 killed on Nevada public roadways in 2001. The roads can be dangerous out there, so take care of yourself.

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