Suing for Punitive Damages in Manitowoc

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Litigation Lawyers in Manitowoc

Civil litigation in Manitowoc, 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 Manitowoc, 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 Manitowoc, Wisconsin are not awarded easily, because the civil justice system usually 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 Manitowoc, Wisconsin

Personal injury litigation doesn't typically carry with it the possibility of punitive damages in Manitowoc, Wisconsin, because typically 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 Manitowoc, Wisconsin.

Punitive Damages in Manitowoc, Wisconsin are only awarded in cases where the behavior of the plaintiff was intentional and highly immoral, or extremely reckless. In Manitowoc, 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.

It's necessary to know that punitive damages in Manitowoc, 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.

In general, punitive damages in Manitowoc, 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 Manitowoc, Wisconsin Attorney Help?

In Manitowoc, 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 cases that can lead to a punitive damage award.

If you have been hurt in Manitowoc, 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 Manitowoc, Wisconsin.

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Life in Manitowoc

Manitowoc is a city located in Manitowoc County, Wisconsin. It is also the county seat of that county. As of the 2000 Census, Manitowoc has a population of approximately 35,000 people. The area now known was Manitowoc has been continuously populated by humans for thousands of years. It was first settled by people of European descent in 1835. Manitowoc has the interesting distinction of being the crash site of a Soviet spacecraft, Sputnik 4. The crash occurred in 1962, and involved a 20-pound piece of a much larger spacecraft. Nobody on the ground was injured, and the spacecraft itself had nobody in it. Today, there is a historical marker on the spot where the piece hit, and a cast of the part was made before it had to be returned to the USSR. The cast now sits in a museum in Manitowoc. Manitowoc is home to a zoo, as well as several historical sites, art museums, and parks, providing many recreational opportunities. If you live in Manitowoc, Wisconsin, and need an attorney, it's likely that you'll be able to find one. Manitowoc, Wisconsin lawyers can handle just about any case you might have.

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