Suing for Punitive Damages in Naperville

Find the right Litigation attorney in Naperville, IL

Litigation Lawyers in Naperville

In Naperville, Illinois, civil litigation serves the main purpose of compensating individuals who have been victims of wrongdoing, and not meting out punishment, vengeance, or moral judgment.

There is an exception to this basic rule, however: in certain cases, a court in Naperville, Illinois will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is identified as "punitive damages."

Courts in Naperville, Illinois do not authorize punitive damages in most cases. The civil litigation system is geared against authorizing financial windfalls to civil plaintiffs. But, there are rare cases, where the defendant has done something to the plaintiff that is so morally reprehensible, that society's interest in punishing the defendant and deterring comparable misconduct outweighs the civil justice system's preference against punitive damages.

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

Typically personal injury cases in Naperville, Illinois do not involve punitive damages, because the defendant did not intend to cause harm, or act with some other form of malice. Alternatively, most of these cases involve situations where the defendant acted carelessly, but did not actually intend to cause harm. This is enough to award compensatory damages, but it is far from sufficient to award punitive damages in Naperville, Illinois.

Punitive damages in Naperville, Illinois are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Naperville, Illinois courts will consider various factors in considering whether or not to award punitive damages. For instance, the court might employ a sliding scale that weighs the immorality of the defendant's behavior against the actual harm that it caused to the plaintiff, and calculate damages accordingly.

Nonetheless, in Naperville, Illinois, the law places limits on punitive damages. The U.S. Supreme Court has ruled various times that punitive damages cannot be grossly disproportionate to the evil nature of the conduct, and the injuries that the defendant suffered. If they are disproportionate, punitive damages might be considered a deprivation of the defendant's right to due process of law.

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

In Naperville, Illinois, there are a large variety of situations in which punitive damages are appropriate, because the decision to grant punitive damages is largely up to the discretion of the jury.

If you are located in Naperville, Illinois, and are engaged in a case that you think, based on the information conveyed above, that might have punitive damages as an option, you can't be sure what, if anything, you're entitled to from the defendant until you consult with a Naperville, Illinois civil litigation attorney

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Life in Naperville

Naperville, Illinois is a city in DuPage and Will Counties. It has a population of 140,000 people.

In 2006, Money Magazine

named Naperville, Illinois the second best place to live in the United States.

Naperville was founded in 1831 by Joseph Naper. Throughout most of its history, Naperville was a rural agricultural community. However, it began to experience a population boom in the 1960s, whichaccelerated in the 80s and 90s, with the construction of a major tollway into the Naperville, Illinois area.

Modernly, Naperville is in the heart of the Illinois Tech and Research Corridor, an area in which a large number of technology companies do business. It is sometimes called the Silicon Valley of the Midwest. Many of these companies, including BP, Nicor, and Nalco, employ large number of engineers, as well as administrative personnel. Many Naperville, Illinois lawyers are employed by these companies.

If you live in Naperville, Illinois and are in need of legal services, there are a large number of Naperville, Illinois attorneys who can help. A Naperville, Illinois lawyer will be able to advise you of your legal rights, and your chances of succeeding in your legal dispute.

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