Litigation Lawyers in Viroqua
Civil litigation in Viroqua, 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 Viroqua, 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."
Courts in Viroqua, Wisconsin do not authorize punitive damages in most cases. The civil litigation system is geared against authorizing financial windfalls to civil plaintiffs. But, there are rare cases, where the defendant has done something to the plaintiff that is so morally reprehensible, that society's interest in punishing the defendant and deterring comparable misconduct outweighs the civil justice system's preference against punitive damages.
Conduct that can give rise to punitive damages in Viroqua, Wisconsin
The vast majority of personal injury lawsuits in Viroqua, Wisconsin involve situations in which the defendant did not intend to harm the plaintiff, but did so through carelessness. This is not enough to award punitive damages in Viroqua, Wisconsin.
In Viroqua, Wisconsin, punitive damages are only awarded in extreme circumstances. 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 Viroqua, Wisconsin will consider many different factors. Usually, 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.
You should be cognizant of the fact that there are some pretty severe limits on punitive damages in Viroqua, Wisconsin. The U.S. Supreme Court has found that there are constitutional limits on punitive damage awards. Punitive damages can't be too disproportionate to the actual damages that the plaintiff has suffered. Appeals courts have found that excessive punitive damage awards violate the defendant's right to due process, by depriving them of large amounts of property.
A good rule of thumb for calculating the upper limit of punitive damages in Viroqua, 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 decide them based on the facts of each case. Because of this, punitive damage awards larger than 10 times compensatory damages are occasionally upheld, while much smaller awards have been overturned, because they were deemed excessive in a certain case.
How Can a Viroqua, Wisconsin Attorney Help?
Viroqua, Wisconsin's courts have wide discretion in awarding punitive damages. Therefore, it is impossible to comprehensively discuss all the situations in which punitive damages can arise.
If you are involved in a case in Viroqua, Wisconsin where punitive damages are a possibility, a very large amount of money could be at stake, whether you are the plaintiff or defendant. You should not delay to speak with a civil litigation attorney in Viroqua, Wisconsin