Suing for Punitive Damages in New Berlin

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Litigation Lawyers in New Berlin

Civil litigation in New Berlin, 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 New Berlin, 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 New Berlin, 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 New Berlin, Wisconsin

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

Punitive damages in New Berlin, Wisconsin are not granted 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 New Berlin, 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.

It's important to note that in New Berlin, 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.

In New Berlin, Wisconsin, punitive damage awards are typically (but not always) capped at 10 times the amount awarded in compensatory damages. Remember, however, that this is just a general rule of thumb, and is not completely rigid. In Wisconsin, appeals courts have a good deal of discretion in deciding if a punitive damage award is valid or invalid. Much larger awards have been upheld, and smaller awards have been overturned. The validity of a particular punitive damage award will depend heavily on the facts of each case.

How Can a New Berlin, Wisconsin Attorney Help?

In New Berlin, Wisconsin, there are a virtually unlimited number of situtations in which punitive damages can be awarded.

If you have been injured in New Berlin, Wisconsin and you think punitive damages might be justified, a large amount of money might be at stake. For that reason, you should not hesitate to consult a civil litigation attorney in New Berlin, Wisconsin.

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Life in New Berlin

New Berlin, Wisconsin is a charming city situated between Madison and Milwaukee. New Berlin was ranked in the #34 of the Top 100 best Small American Towns to live in by Money Magazine. New Berlin is just under 37 square miles in size, and has twenty six parks in its city limits. It is no wonder that there is a high quality of life in New Berlin, and lots of outdoor activities for its residents and visitors to enjoy. Another aspect of New Berlin that makes it a top small town to live in is the professional community. New Berlin lawyers, for example are some of the best in the business and their wide range of specialties is a great resource for their community to take advantage of. In the summer, there are lots of outdoor concerts in New Berlin. New Berlin also has a highly ranked public school system, as well as great private schools. The New Berlin Industrial Park, composed of three business centers is a big part of the city's growing economy. With the range of activities and great location, it is no wonder New Berlin is such a great city to live in!

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