Suing for Punitive Damages in Neenah

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Litigation Lawyers in Neenah

Civil litigation in Neenah, 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 Neenah, 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 Neenah, 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 Neenah, Wisconsin

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

Punitive damages in Neenah, Wisconsin are not authorized in many cases. They are only awarded when the defendant's behavior 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 Neenah, Wisconsin will be considered. Moreover, 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.

It's important to note that in Neenah, Wisconsin, punitive damages are not unlimited. The Supreme Court has repeatedly held that punitive damages cannot be hugely disproportionate to the amount awarded to compensate the plaintiff for the actual injuries they suffered. If the punitive damages are extremely excessive, an appeals court might rule that they amount to a deprivation of property without due process of law, or a de facto criminal punishment, without affording the defendant the protections available in criminal cases.

Usually, in Neenah, Wisconsin, punitive damage awards that exceed the actual damages (those awarded to directly compensate the plaintiff) by a factor of 10. This is not an absolute rule, nonetheless, and is applied on a case-by-case basis. Courts in Wisconsin have found much smaller awards to be invalid, and upheld much larger awards.

How Can a Neenah, Wisconsin Attorney Help?

In Neenah, Wisconsin, there are a basically unlimited number of situtations in which punitive damages can be awarded.

If you live in Neenah, Wisconsin and are engaged 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 hurt you. To know for sure, you should speak with a civil litigation attorney in Neenah, Wisconsin.

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Life in Neenah

Comprising a total of 8.6 square miles, Neenah, Wisconsin is located on beautiful Lake Winnebago. The approximately 25,000 lucky residents of the lakeside city enjoy all the perks of its picturesque location. Neenah was named for the Winnebago tribe's word for running water. Neenah was first founded in the 1800's, and originally designated as an agricultural and industrial mission to the local Menominee Indians. Neenah is home to many of the nation's major steel and paper companies. Additionally, it also houses Neenah Foundry-- a famous manhole cover producer. On the artistic side, Neenah's Bergstrom-Mahler Museum houses over 3,000 pieces of world-renowned glass art, mainly comprised of paperweights and Germanic glasswork. Not surprisingly, the museum is one of the most popular places to visit in the city. Neenah is politically independent from the town of Neenah, although its location would cause a casual oberver to reason otherwise! One thing Neenah is not lack is quality lawyers. Neenah lawyers are at the top of their game and available to represent their local clients in any legal issue he or she may find themselves dealing with. Neenah is a great city to work and visit.

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