Litigation Lawyers in Evanston

Civil litigation in Evanston, Wyoming 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 Evanston, Wyoming 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."

It's necessary to note that courts in Evanston, Wyoming prefer not to grant punitive damages. This is because the civil justice system is designed primarily to compensate the victims of wrongdoing. However, there are some cases where the defendant's conduct was so immoral and evil that civil courts have an interest in making them pay additional damages, going above and beyond what's needed to compensate the victim, in order to serve as a deterrent.

Conduct that can give rise to punitive damages in Evanston, Wyoming

A majority of personal injury litigation actions in Evanston, Wyoming do not involve the possibility of punitive damages, because they usually involve injuries where the defendant is at fault for the harm caused, but did not intend to do any harm. In Evanston, Wyoming, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.

In Evanston, Wyoming, 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 Evanston, Wyoming 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.

There are limits on punitive damages in Evanston, Wyoming. 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.

A good rule of thumb for calculating the upper limit of punitive damages in Evanston, Wyoming is that punitive damages can be no larger than compensatory damages times ten. This rule is not absolute, of course. Courts in Wyoming 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 Evanston, Wyoming Attorney Help?

In Evanston, Wyoming, 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 have been injured in Evanston, Wyoming and you think punitive damages might be justified, a large amount of money might be at stake. For that reason, you should not hesitate to consult a civil litigation attorney in Evanston, Wyoming.