Litigation Lawyers in Elkhorn
Civil litigation in Elkhorn, Wisconsin is concerned almost always with extending financial redress to the victims of wrongdoing. It is not concerned with meting out punishment or moral judgment upon the wrongdoers.
Nonetheless, this general principle has a major exception. In rare cases, an Elkhorn, Wisconsin judge or jury can award damages to the plaintiff that are not calculated by the actual losses sustained. Instead, they serve the purpose of punishing the defendant, and deterring others from wrongdoing. These are called "punitive damages."
Punitive Damages in Elkhorn, Wisconsin are not awarded easily, because the civil justice system typically disfavors giving plaintiffs financial windfalls not directly related to compensating them for their injuries. They are usually only awarded when the conduct of the defendant is morally reprehensible, and far worse than simple carelessness.
Conduct that can give rise to punitive damages in Elkhorn, Wisconsin
A majority of personal injury litigation actions in Elkhorn, Wisconsin do not involve the possibility of punitive damages, because they normally involve injuries where the defendant is at fault for the harm caused, but did not intend to do any harm. In Elkhorn, Wisconsin, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.
In Elkhorn, Wisconsin, punitive damages are not awarded in most cases. They are usually only awarded when the defendant's behavior was so reckless or deplorable that punishment of the defendant is warranted. Acts such as battery, fraud, and defamation (in some cases) are usually considered sufficient in Elkhorn, Wisconsin to justify punitive damages. In deciding whether to award punitive damages, and how much to award, the two most important factors the court looks at will be the level of immorality of the act, as well as the actual harm that the plaintiff suffered as a result of the defendant's conduct.
It's necessary to know that punitive damages in Elkhorn, Wisconsin 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 sustained by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government acquiring property from the defendant without due process of law.
Typically, in Elkhorn, Wisconsin, punitive damage awards that exceed the actual damages (those awarded to directly compensate the plaintiff) by a factor of 10. This is not an absolute rule, nonetheless, and is applied on a case-by-case basis. Courts in Wisconsin have found much smaller awards to be invalid, and upheld much larger awards.
How Can a Elkhorn, Wisconsin Attorney Help?
In Elkhorn, Wisconsin, there are a practically unlimited number of situtations in which punitive damages can be awarded.
If you are immersed in a case in Elkhorn, Wisconsin that you believe might entitle you to punitive damages, a lot of money could be at stake. Therefore, if you want to pursue your legal remedies, you should see an Elkhorn, Wisconsin civil litigation attorney as soon as possible.