Suing for Punitive Damages in Westland

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Litigation Lawyers in Westland

In Westland, Michigan, civil litigation serves the primary purpose of compensating people who have been victims of wrongdoing, and not meting out punishment, vengeance, or moral judgment.

Of course, there are exceptions to this rule. In Westland, Michigan, 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. Instead, these "punitive damages," as they are called, are meant to punish and deter wrongdoing.

Courts in Westland, Michigan do not grant punitive damages in most cases. The civil litigation system is geared against granting 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 similar misconduct outweighs the civil justice system's preference against punitive damages.

Conduct that can give rise to punitive damages in Westland, Michigan

The vast majority of personal injury lawsuits in Westland, Michigan involve situations in which the defendant did not intend to harm the plaintiff, but did so through carelessness. This is not enough to award punitive damages in Westland, Michigan.

In Westland, Michigan, 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 Westland, Michigan 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 Westland, Michigan, 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 Westland, Michigan, punitive damage awards are typically (but not always) capped at 10 times the amount awarded in compensatory damages. Remember, however, that this is just a general rule of thumb, and is not completely rigid. In Michigan, appeals courts have a good deal of discretion in deciding if a punitive damage award is valid or invalid. Much larger awards have been upheld, and smaller awards have been overturned. The validity of a particular punitive damage award will depend heavily on the facts of each case.

How Can a Westland, Michigan Attorney Help?

Westland, Michigan's courts have wide discretion in awarding punitive damages. Accordingly, it is impossible to comprehensively discuss all the situations in which punitive damages can arise.

If you live in Westland, Michigan 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 money from the person or company that injured you. To know for sure, you should speak with a civil litigation attorney in Westland, Michigan.

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Life in Westland

Westland, Michigan is located in Wayne County just about 16 miles away from the city of Detroit. It has a budding population of over 86,000 residents. The city had its humble beginnings in the 18th century as a prime location for mill industries.

Currently, Westland is an ideal location for persons seeking employment and residential opportunities. Its location near Detroit makes it an excellent place for commuters to live and engage in retail and commercial activity. For example, the Westland Shopping Center is located in the city. The Shopping Center has over 100 stores that shoppers can choose from. As an "All-American City", Westland also has an abundance of recreational and dining opportunities throughout the city.

Westland is presently invested in preserving its historical roots. Recently in 2009 the city received a grant through the Neighborhood Stabilization Program. The grant was in the amount of over million and will be used for restoring historic districts.

Many Westland, Michigan lawyers belong to several bar associations, including the Detroit Metropolitan Bar Association. Membership in multiple bars allows lawyers in Westland to serve their community with a more thorough legal perspective. Most Westland claims are heard in the 18th District Court of Michigan, which was recently renovated to promote more efficient court operations.

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