Suing for Punitive Damages in West Allis

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Litigation Lawyers in West Allis

Civil litigation in West Allis, 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 West Allis, 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."

Courts in West Allis, Wisconsin do not grant punitive damages in most cases. The civil litigation system is geared against granting 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 similar misconduct outweighs the civil justice system's preference against punitive damages.

Conduct that can give rise to punitive damages in West Allis, Wisconsin

The vast majority of personal injury lawsuits in West Allis, 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 West Allis, Wisconsin.

In West Allis, 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 West Allis, 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.

It's necessary to know that punitive damages in West Allis, Wisconsin are subject to limits. The Supreme Court of the United States has held, more than once, that punitive damages can't be grossly disproportionate to the actual harm suffered by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government taking property from the defendant without due process of law.

In West Allis, 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 West Allis, Wisconsin Attorney Help?

In West Allis, 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 involved in a case in West Allis, Wisconsin that you believe might entitle you to punitive damages, a lot of money could be at stake. So, if you want to pursue your legal remedies, you should see a West Allis, Wisconsin civil litigation attorney as soon as possible.

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Life in West Allis

West Allis, Wisconsin is a charming city located in the greater Milwaukee area. West Allis has a sizeable population of just under 65,000 residents and is a very popular place to visit in Wisconsin. The city is located on 11.4 square miles.

West Allis is home to the Wisconsin State Fair, and the fairgrounds are a popular place for concerts and other activities in addition to the fair. West Allis has a lot of activities for residents to enjoy including parks, trails, and movie theaters. The Root and Kinnickinnic Rivers flow through parts of West Allis, which makes for some lush landscape and beauty for residents and visitors to enjoy.

West Allis is also home to some fabulous lawyers. Lawyers practicing in West Allis are trained to help their local client in any legal matter he or she is facing. Many West Allis lawyers grew up in the city and decided to practice there and their appreciation for their community is evident. In addition to great lawyers, West Allis has a wonderful professional community which makes this city a great place to work in. Whether visiting or living, West Allis has it all!

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