Litigation Lawyers in Lake Hallie
Civil litigation in Lake Hallie, Wisconsin is concerned almost exclusively with providing financial redress to the victims of wrongdoing. It is not concerned with meting out punishment or moral judgment upon the wrongdoers.
However, this general principle has a major exception. In rare cases, a Lake Hallie, Wisconsin 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."
Punitive Damages in Lake Hallie, Wisconsin are not awarded lightly, 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 Lake Hallie, Wisconsin
Personal injury litigation doesn't usually carry with it the possibility of punitive damages in Lake Hallie, Wisconsin, because mostly 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 Hallie, Wisconsin.
Punitive Damages in Lake Hallie, Wisconsin are only awarded in cases where the conduct of the plaintiff was intentional and highly immoral, or extremely reckless. In Lake Hallie, 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 Hallie, 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 Hallie, 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 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 Lake Hallie, Wisconsin Attorney Help?
In Lake Hallie, Wisconsin, there are a large number of cases in which punitive damages are appropriate, because the decision to grant punitive damages is largely up to the discretion of the jury.
If you are located in Lake Hallie, Wisconsin, and are involved in a case that you think, based on the information conveyed above, that might have punitive damages as an option, you can't be sure what, if anything, you're entitled to from the defendant until you consult with a Lake Hallie, Wisconsin civil litigation attorney