Litigation Lawyers in Lake Geneva
Civil litigation in Lake Geneva, 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 Lake Geneva, 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 Lake Geneva, 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 Lake Geneva, Wisconsin
Personal injury litigation doesn't normally carry with it the possibility of punitive damages in Lake Geneva, Wisconsin, because generally personal injury cases stem from harm that was caused accidentally, not deliberately. Accidental harm is not enough to warrant an award of punitive damages in Lake Geneva, Wisconsin.
Punitive Damages in Lake Geneva, Wisconsin are only awarded in cases where the actions of the plaintiff was intentional and highly immoral, or extremely reckless. In Lake Geneva, Wisconsin, 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.
There are limits on punitive damages in Lake Geneva, Wisconsin. The Supreme Court has held that punitive damage awards which are grossly disproportionate to the immorality of the conduct, and the harm that it caused, are an unconstitutional deprivation of property without due process of law.
A good rule of thumb for calculating the upper limit of punitive damages in Lake Geneva, Wisconsin is that punitive damages can be no larger than compensatory damages times ten. This rule is not absolute, of course. Courts in Wisconsin 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 Lake Geneva, Wisconsin Attorney Help?
In Lake Geneva, Wisconsin, 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 have been harmed in Lake Geneva, Wisconsin and you think punitive damages might be justified, a large amount of money might be at stake. For that reason, you should not delay to consult a civil litigation attorney in Lake Geneva, Wisconsin.