Suing for Punitive Damages in Elgin

Find the right Litigation attorney in Elgin, IL

Litigation Lawyers in Elgin

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

Of course, there are exceptions to this rule. In Elgin, Illinois, courts will, in relatively rare cases, require defendants to pay plaintiffs sums of money which aren't calculated by the actual harm and costs the plaintiff has incurred. Alternatively, these "punitive damages," as they are called, are meant to punish and deter wrongdoing.

It's necessary to note that courts in Elgin, Illinois prefer not to grant punitive damages. This is because the civil justice system is designed primarily to compensate the victims of wrongdoing. However, there are some cases where the defendant's conduct was so immoral and evil that civil courts have an interest in making them pay additional damages, going above and beyond what's needed to compensate the victim, in order to serve as a deterrent.

Conduct that can give rise to punitive damages in Elgin, Illinois

A majority of personal injury litigation actions in Elgin, Illinois do not involve the possibility of punitive damages, because they typically involve injuries where the defendant is at fault for the harm caused, but did not intend to do any harm. In Elgin, Illinois, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.

In Elgin, Illinois, punitive damages are only awarded in extreme cases. 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 Elgin, Illinois will consider many different factors. Typically, 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 necessary to know that punitive damages in Elgin, Illinois are subject to limits. The Supreme Court of the United States has held, more than once, that punitive damages can't be grossly disproportionate to the actual harm suffered by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government taking property from the defendant without due process of law.

Punitive damages in Elgin, Illinois typically cannot exceed 10 times the amount of actual damages suffered by the plaintiff. However, this is just a guideline, and not a strict rule. Courts in Illinois have found larger punitive damage awards to be perfectly valid, and smaller ones to be invalid. This will be highly dependent on the facts of each case.

How Can a Elgin, Illinois Attorney Help?

In Elgin, Illinois, there are a virtually unlimited number of situtations in which punitive damages can be awarded.

If you are engaged in a case in Elgin, Illinois that you believe might entitle you to punitive damages, a lot of money could be at stake. Thus, if you want to pursue your legal remedies, you should see a Elgin, Illinois civil litigation attorney as soon as possible.

Talk to a Law Attorney now!

Life in Elgin

Elgin is located in the northern part of Illinois, northwest of Chicago and along the Fox River. The city is home to about a little over 108.000 people.

Elgin is known for its architecture. It has many landmarks inspired by the Victorian era. These landmarks include the Elgin Public Museum, which is the oldest building in Illinois.

Other popular attractions include the Elgin Symphony Orchestra, the Elgin Choral Union, the Cook County Forest Preserves, the Bluff Spring Fen, Northwest Tollway, and Trout Park.

Elgin also is home to many attorneys who practice law with enthusiasm and devotion to excellence. Therefore, Elgin residents have no reason to worry because their legal needs can be easily taken care of.

Clients Rate LegalMatch Attorneys
(click to read reviews)

Howard B.
Howard B.

Business - Litigation

Rye Brook, NY

Mark B.
Mark B.

Business - Litigation

Roseland, NJ

David A.
David A.

Business - Litigation

Walnut Creek, CA

Gotham Light