Suing for Punitive Damages in Oak Creek

Find the right Litigation attorney in Oak Creek, WI

Litigation Lawyers in Oak Creek

Civil litigation in Oak Creek, 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, an Oak Creek, 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 Oak Creek, 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 Oak Creek, Wisconsin

Typically personal injury cases in Oak Creek, Wisconsin do not involve punitive damages, because the defendant did not intend to cause harm, or act with some other form of malice. Alternatively, most of these cases involve situations where the defendant acted carelessly, but did not actually intend to cause harm. This is enough to award compensatory damages, but it is far from sufficient to award punitive damages in Oak Creek, Wisconsin.

In Oak Creek, Wisconsin, punitive damages are only awarded in extreme cases. Civil wrongs such as fraud, conversion (theft), battery, and other intentional, depraved acts are sufficient to award punitive damages. In deciding whether or not to award punitive damages, and how much money to award, courts in Oak Creek, Wisconsin will consider many different factors. Typically, they employ a sliding scale, weighing the nature of the conduct and the actual harm that the conduct caused. The more immoral the conduct, and/or the more harm caused, the more likely a court is to award punitive damages.

There are limits on punitive damages in Oak Creek, 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.

In Oak Creek, Wisconsin, punitive damage awards are normally (but not always) capped at 10 times the amount awarded in compensatory damages. Remember, however, that this is just a basic 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 specific punitive damage award will depend heavily on the facts of each case.

How Can a Oak Creek, Wisconsin Attorney Help?

The law of Oak Creek, Wisconsin doesn't lay out many strict conditions which are necessary before punitive damages can be authorized. Instead, it largely leaves it to the discretion of the courts. So, there are various situations where they might be awarded.

If you live in Oak Creek, 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 Oak Creek, Wisconsin.

Talk to a Law Attorney now!

Life in Oak Creek

Oak Creek, Wisconsin is a city in Milwaukee County. It has a population of about 30,000 people. Oak Creek is a suburb of Milwaukee, the largest city in Wisconsin. Until the 1950s, Oak Creek was mostly semi-rural farmland. It was incorporated in 1955, out of unincorporated county land. This move was orchestrated by Tony Basile, who would become Oak Creek's first city attorney. The people of Oak Creek decided to incorporate into a town so the area would not be annexed by the rapidly-expanding Milwaukee. Oak Creek is the headquarters of Midwestern Airlines, a small regional commuter airline, and the source of hundreds of jobs in the area. However, the parent company of the airline is moving its headquarters to another city. Since that announcement, a large mining equipment company announced that it would be moving its headquarters to Oak Creek, Wisconsin, to occupy the corporate offices being vacated by the airline. If you live in Oak Creek, Wisconsin, and are in need of some type of legal help, Oak Creek, Wisconsin lawyers are ready to help. Oak Creek, Wisconsin lawyers can handle almost any legal problem a person might be faced with.

Clients Rate LegalMatch Attorneys
(click to read reviews)

Howard B.
Howard B.

Business - Litigation

Rye Brook, NY

Mark B.
Mark B.

Business - Litigation

Roseland, NJ

David A.
David A.

Business - Litigation

Walnut Creek, CA