Suing for Punitive Damages in Sheboygan

Find the right Litigation attorney in Sheboygan, WI

Litigation Lawyers in Sheboygan

Civil litigation in Sheboygan, 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 Sheboygan, 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 Sheboygan, Wisconsin are not awarded lightly, because the civil justice system typically 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 Sheboygan, Wisconsin

Generally personal injury cases in Sheboygan, Wisconsin do not involve punitive damages, because the defendant did not intend to cause harm, or act with some other form of malice. Rather, 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 Sheboygan, Wisconsin.

In Sheboygan, Wisconsin, punitive damages are not awarded in most cases. They are usually only awarded when the defendant's behavior was so reckless or deplorable that punishment of the defendant is warranted. Acts such as battery, fraud, and defamation (in some cases) are usually considered sufficient in Sheboygan, Wisconsin to justify punitive damages. In deciding whether to award punitive damages, and how much to award, the two most important factors the court looks at will be the level of immorality of the act, as well as the actual harm that the plaintiff suffered as a result of the defendant's conduct.

However, in Sheboygan, Wisconsin, the law places limits on punitive damages. The U.S. Supreme Court has ruled several times that punitive damages cannot be grossly disproportionate to the evil nature of the conduct, and the injuries that the defendant suffered. If they are disproportionate, punitive damages might be considered a deprivation of the defendant's right to due process of law.

In general, punitive damages in Sheboygan, Wisconsin cannot be more than 10 times larger than the actual damages suffered by the plaintiff. However, 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 determined on a case-by-case basis.

How Can a Sheboygan, Wisconsin Attorney Help?

In Sheboygan, Wisconsin, there are a large number of cases in which punitive damages are appropriate, because the decision to grant punitive damages is largely up to the discretion of the jury.

If you are located in Sheboygan, Wisconsin, and are immersed 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 Sheboygan, Wisconsin civil litigation attorney

Talk to a Law Attorney now!

Life in Sheboygan

Sheboygan is located in Sheboygan County, Wisconsin. Per the 2010 census, the population is 49,288 people.

Popular sites include Above Beyond Children's Museum, Blue Harbor Resort, Bookworm Gardens, John Michael Kohler Arts Center, Sheboygan Municipal Auditorium and Armory, and Whistling Straits.

The city is also home to many small law offices that cater to the legal needs of local residents and businesses.

Popular residents include Ray Buivid, John Dittrich, Joe Hauser, Wesley Lau, George Sauer, Carl Schuette, and E.E. Smith.

Overall, the city is a wonderful place to visit and live!

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