Suing for Punitive Damages in Menomonee Falls

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Litigation Lawyers in Menomonee Falls

Civil litigation in Menomonee Falls, 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 Menomonee Falls, 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 Menomonee Falls, 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 Menomonee Falls, Wisconsin

Personal injury litigation doesn't usually carry with it the possibility of punitive damages in Menomonee Falls, 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 Menomonee Falls, Wisconsin.

Punitive damages in Menomonee Falls, 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 Menomonee Falls, 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.

There are limits on punitive damages in Menomonee Falls, 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.

Punitive damages in Menomonee Falls, Wisconsin usually cannot surpass 10 times the amount of actual damages suffered by the plaintiff. Nonetheless, this is just a guideline, and not a strict rule. Courts in Wisconsin have found larger punitive damage awards to be perfectly valid, and smaller ones to be invalid. This will be strongly dependent on the facts of each case.

How Can a Menomonee Falls, Wisconsin Attorney Help?

Menomonee Falls, Wisconsin's courts have wide discretion in awarding punitive damages. Therefore, it is impossible to comprehensively discuss all the situations in which punitive damages can arise.

If you are located in Menomonee Falls, 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 Menomonee Falls, Wisconsin civil litigation attorney

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Life in Menomonee Falls

Menomonee Falls, Wisconsin is a village in Waukesha County. It is located in the Milwaukee metro area, and is generally considered a suburb of Milwaukee. It has a population of about 32,000 people, which makes it the most populous village in Wisconsin.

Menomonee Falls is known for marrying small-town charm with the all the convenience of a thriving modern community. And because it is relatively close to the largest city in Wisconsin, residents can easily partake of the many activities and attractions that only a big city can offer, while still living in a quiet, tight-knit community.

Menomonee Falls is the native home, or current residence, of several famous people, including an U.S. Congressman, the drummer of the band Fall Out Boy, and several major league baseball players, professional football players, and professional golfers.

Menomonee Falls, Wisconsin attracts visitors with its beautiful scenery, small town charm, and unique shopping and dining options offered by its many local businesses.

There are plenty of Menomonee Falls, Wisconsin attorneys who can probably handle whatever type of legal case you may have. If you or a loved one has any legal problem, a Menomonee Falls, Wisconsin lawyer is the person to call.

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