Litigation Lawyers in Slinger
Civil litigation in Slinger, 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 Slinger, 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 Slinger, Wisconsin are not awarded lightly, 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 Slinger, Wisconsin
Typically personal injury cases in Slinger, 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 Slinger, Wisconsin.
In Slinger, Wisconsin, punitive damages are not awarded in most cases. They are normally only awarded when the defendant's actions 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 Slinger, 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 Slinger, Wisconsin, the law places limits on punitive damages. The U.S. Supreme Court has ruled many 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.
A good rule of thumb for calculating the upper limit of punitive damages in Slinger, Wisconsin is that punitive damages can be no larger than compensatory damages times ten. This rule is not absolute, of course. Courts in Wisconsin have a good deal of discretion in awarding punitive damages, and will determine them based on the facts of each case. Because of this, punitive damage awards larger than 10 times compensatory damages are sometimes upheld, while much smaller awards have been overturned, because they were deemed excessive in a particular case.
How Can a Slinger, Wisconsin Attorney Help?
In Slinger, Wisconsin, there are a virtually unlimited number of situtations in which punitive damages can be awarded.
If you live in Slinger, 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 money from the person or company that hurt you. To know for sure, you should speak with a civil litigation attorney in Slinger, Wisconsin.