Litigation Lawyers in Gillette
Civil litigation in Gillette, 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 Gillette, 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 essential to note that courts in Gillette, 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 Gillette, Wyoming
A majority of personal injury litigation actions in Gillette, Wyoming do not involve the possibility of punitive damages, because they typically involve injuries where the defendant is at fault for the harm caused, but did not intend to do any harm. In Gillette, Wyoming, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.
In Gillette, Wyoming, punitive damages are only awarded in extreme cases. 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 Gillette, Wyoming will consider many different factors. Typically, 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 aware of the fact that there are some pretty severe limits on punitive damages in Gillette, Wyoming. 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 considerable amounts of property.
In general, punitive damages in Gillette, Wyoming 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 Wyoming 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 Gillette, Wyoming Attorney Help?
The law of Gillette, Wyoming doesn't lay out many strict conditions which are required before punitive damages can be granted. Instead, it largely leaves it to the discretion of the courts. So, there are many situations where they might be awarded.
If you are located in Gillette, Wyoming, and are engaged 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 Gillette, Wyoming civil litigation attorney