Suing for Punitive Damages in Lincoln

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Litigation Lawyers in Lincoln

The civil litigation system in Lincoln, Nebraska is designed to provide compensation for individuals who are injured because of the unlawful conduct of others. It is not much concerned with punishing or deterring wrongdoers.

However, this general principle has a major exception. In rare cases, a Lincoln, Nebraska judge or jury can award damages to the plaintiff that are not calculated by the actual losses suffered. Instead, they serve the purpose of punishing the defendant, and deterring others from wrongdoing. These are called "punitive damages."

It's crucial to note that courts in Lincoln, Nebraska 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 Lincoln, Nebraska

Typically personal injury cases in Lincoln, Nebraska 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 Lincoln, Nebraska.

Punitive Damages in Lincoln, Nebraska are only awarded in cases where the behavior of the plaintiff was intentional and highly immoral, or extremely reckless. In Lincoln, Nebraska, torts such as fraud, gross negligence, and theft are sufficient to award punitive damages. Courts consider numerous factors when deciding whether or not punitive damages are warranted. Courts will look at the nature of the act, as well as the defendant's intent in performing the act. This will be weighed, on a sliding scale, against the actual harm that the defendant's conduct caused to the plaintiff.

You should be aware of the fact that there are some pretty severe limits on punitive damages in Lincoln, Nebraska. The U.S. Supreme Court has found that there are constitutional limits on punitive damage awards. Punitive damages can't be too disproportionate to the actual damages that the plaintiff has suffered. Appeals courts have found that excessive punitive damage awards violate the defendant's right to due process, by depriving them of considerable amounts of property.

A good rule of thumb for calculating the upper limit of punitive damages in Lincoln, Nebraska is that punitive damages can be no larger than compensatory damages times ten. This rule is not absolute, of course. Courts in Nebraska have a good deal of discretion in awarding punitive damages, and will determine them based on the facts of each case. Because of this, punitive damage awards larger than 10 times compensatory damages are sometimes upheld, while much smaller awards have been overturned, because they were deemed excessive in a particular case.

How Can a Lincoln, Nebraska Attorney Help?

In Lincoln, Nebraska, there are a essentially unlimited number of situtations in which punitive damages can be awarded.

If you live in Lincoln, Nebraska and are engaged 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 hurt you. To know for sure, you should speak with a civil litigation attorney in Lincoln, Nebraska.

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Life in Lincoln

Lincoln is Nebraska's state capitol-a place filled with something to do for everyone! Lincoln has a large recreation center, great shopping malls, a huge golf course, and several playgrounds for children!

Moreover, Lincoln is home to many wonderful attractions filled with natural and historical beauty. Starting off, the State Capitol Building is described as the nation's first vernacular State Capitol. The building stands 400 feet tall, has four interior court yards, and an observation deck.

Many tours are offered daily, and last approximately thirty minutes.

For those who want to see even more history, the Historic Haymarket is a very popular Lincoln attraction. It has unique galleries, shops, and restaurants. The Historic Haymarket is the social hub of Lincoln, where people can go to socialize, relax, and just have a good time.

Alongside history, Lincoln is also rich in natural beauty. Antelope Park and The Sunken Gardens are a botanist's delight! Both have amazing rose gardens, gorgeous fountains perfect for that special Kodak moment, and breathtaking statues and sculptures.

Children especially love Lincoln because of the Lincoln Children's Zoo.

The Zoo has over 300 animals and a large botanical garden with over 400 species of plants!

The Zoo prides itself in its devotion to animal conservation and community education.

The Zoo also has a species survival program, where animal that are threatened and endangered are taken in and taken care of.

Being the capitol of Nebraska, Lincoln's legal market is full and flourishing.

Lincoln has many legal centers where legal aid is provided to those in need.

Additionally, Lincoln is filled with large, medium-sized, and small law firms in all practices of law.

Overall, the legal needs of anyone and everyone can be taken care of in Lincoln Nebraska.

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