Who determines treble damages?

Certain statutes require that after the jury has determined the amount of the plaintiff's actual damages, the court must award three times that amount.

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Complaint for Specific Performance to Enforce Settlement and for...

Wisconsin Complaint for Specific Performance to Enforce Settlement and for Punitive Damages

Q: What are treble damages in Wisconsin?

(d) ?Treble damages&quot; means those court awards made under a statute providing for 3 times or treble the amount of damages suffered by the injured party. (2) Scope. This section does not apply to awards of double damages or treble damages, or to the award of exemplary damages under ss.

Category:

Civil Actions - Complaints - Settlement Agreements

State:

Multi-State

Control #:

US-03187BG

Format:

Instant download

Description

A settlement agreement is an agreement to terminate, by means of mutual concessions, a claim which is disputed in good faith. It is an amicable method of settling or resolving bona fide differences or uncertainties and is designed to prevent or put an end to litigation. Public policy favors settlement of litigation. It is well-settled public policy that settlement agreements are highly favored and will be enforced whenever possible.

Courts consider a settlement agreement as a contract, and construction and enforcement of settlement agreements are governed by principles of contract law. Accordingly, a settlement agreement is enforceable if the elements of a contract are present: " An agreement;
" Between competent parties;
" Based upon the genuine assent of the parties;
" Supported by consideration;
" Made for a lawful objective; and
" In the form required by law.

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FAQ

895.04 Plaintiff in wrongful death action. (1) An action for wrongful death may be brought by the personal representative of the deceased person or by the person to whom the amount recovered belongs.

Treble damages is a term that indicates a statute exists to award a prevailing plaintiff up to three times actual or compensatory damages. For example, the False Claims Act allows the U.S. government to recover treble damages from defense contractors that knowingly submit false claims to defraud the government.

Treble damages are civil punitive damages awarded in specific cases to plaintiffs. They're usually capped at three (3) times the original damages amount, although there is some wiggle room depending on the circumstances of the case.

Treble damages are usually a multiple of, rather than an addition to, actual damages, but on occasion they are additive, as in California Civil Code § 1719. When such damages are multiplicative and a person received an award of $100 for an injury, a court applying treble damages would raise the award to $300.

3710 CONSEQUENTIAL DAMAGES FOR BREACH OF CONTRACT The law provides that a person who has been damaged by a breach of contract shall be fairly and reasonably compensated for his or her loss.

(d) ?Treble damages" means those court awards made under a statute providing for 3 times or treble the amount of damages suffered by the injured party. (2) Scope. This section does not apply to awards of double damages or treble damages, or to the award of exemplary damages under ss.

Certain statutes require that after the jury has determined the amount of the plaintiff's actual damages, the court must award three times that amount.

The rule is clear that punitive damages will be awarded only where the harm was inflicted "under circumstances of aggravation, insult or cruelty, with vindictiveness or malice,"9 or where the defendant acted in wanton, wilful or reckless dis- regard of the plaintiff's rights.