Suing for Punitive Damages in Franklin

Find the right Litigation attorney in Franklin, WI

Litigation Lawyers in Franklin

Civil litigation in Franklin, 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, a Franklin, 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 Franklin, Wisconsin are not awarded easily, because the civil justice system generally 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 Franklin, Wisconsin

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

Punitive damages in Franklin, Wisconsin are not authorized in many cases. They are only awarded when the defendant's conduct was so deplorable and deliberate (but not necessarily criminal) that punishment is warranted. Fraud, battery, conversion (theft) and other intentional, insidious acts are usually required before punitive damages in Franklin, Wisconsin will be considered. Furthermore, in deciding how much to award in punitive damages, a court will consider 2 main factors: the insidious nature of the defendant's conduct, and the actual harm that the plaintiff suffered as a result.

Nonetheless, in Franklin, Wisconsin, 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.

In general, punitive damages in Franklin, Wisconsin cannot be more than 10 times larger than the actual damages sustained by the plaintiff. Nonetheless, this is not an absolute rule, and appeals courts in Wisconsin have upheld much larger awards, and found much smaller awards to be invalid. It's decided on a case-by-case basis.

How Can a Franklin, Wisconsin Attorney Help?

In Franklin, Wisconsin, judges and juries have a good deal of leeway in deciding if they want to grant punitive damages, so there are a nearly-unlimited number of circumstances that can lead to a punitive damage award.

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

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Life in Franklin

Franklin is a city in Milwaukee County, Wisconsin. It has a population of about 32,000 people. Franklin is frequently ranked among the top 100 places in the U.S. to live by Money Magazine. Franklin is also highly ranked by some specialty publications, in certain niche categories. For example, FDi Magazine (a publication for the Foreign Direct Investment industry) has also ranked Franklin quite highly in terms of human resources and infrastructure. Milwaukee County contains many prized natural features, many of which are located in Franklin, Wisconsin. Among them are unspoiled wetlands, old-growth forests, prairies, river habitats, and many others. Because of its natural beauty, it should be no surprise that Franklin has many parks and outdoor recreation areas. Paradoxically, Franklin is also home to a superfund site, thanks to a (now defunct) landfill company that illegally allowed the dumping of toxic waste on its land. If you are looking for an attorney, and live in Franklin, Wisconsin, chances are you'll be able to find one. Franklin, Wisconsin lawyers are well-educated, and highly skilled. If you have any legal problem whatsoever, you should consider retaining a Franklin, Wisconsin lawyer.

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