Suing for Punitive Damages in Amarillo

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Litigation Lawyers in Amarillo

In Amarillo, Texas, civil litigation is not meant to punish wrongdoers, at least that is not its main purpose. Alternatively, it is designed to ensure that the victims of wrongdoing are given compensation for the harm they've suffered.

There is a major exception to this rule, however. In limited cases, courts in Amarillo, Texas will order a defendant to pay the plaintiff damages which are not directly tied to any harm sustained by the plaintiff. Rather, these damages, which are known as "punitive damages", are meant to punish the wrongdoer, and serve as a deterrent.

In Amarillo, Texas, punitive damages are not awarded in many cases. This is because the civil litigation system highly disfavors giving money to plaintiffs in amounts disproportionate to the injuries they have suffered. Nonetheless, in some cases, the conduct of the defendant is so reprehensible, that simply punishing the defendant is a worthy goal, and this interest outweighs the preference against giving civil plaintiffs financial windfalls.

Conduct that can give rise to punitive damages in Amarillo, Texas

Typically personal injury cases in Amarillo, Texas do not involve punitive damages, because the defendant did not intend to cause harm, or act with some other form of malice. Alternatively, most of these cases involve situations where the defendant acted carelessly, but did not actually intend to cause harm. This is enough to award compensatory damages, but it is far from sufficient to award punitive damages in Amarillo, Texas.

In Amarillo, Texas, punitive damages are not awarded in most cases. They are normally only awarded when the defendant's actions was so reckless or deplorable that punishment of the defendant is warranted. Acts such as battery, fraud, and defamation (in some cases) are usually considered sufficient in Amarillo, Texas to justify punitive damages. In deciding whether to award punitive damages, and how much to award, the two most important factors the court looks at will be the level of immorality of the act, as well as the actual harm that the plaintiff suffered as a result of the defendant's conduct.

It's necessary to note that in Amarillo, Texas, punitive damages are not unlimited. The Supreme Court has repeatedly held that punitive damages cannot be hugely disproportionate to the amount awarded to compensate the plaintiff for the actual injuries they suffered. If the punitive damages are extremely excessive, an appeals court might rule that they amount to a deprivation of property without due process of law, or a de facto criminal punishment, without affording the defendant the protections available in criminal cases.

In general, punitive damages in Amarillo, Texas cannot be more than 10 times larger than the actual damages sustained by the plaintiff. Nonetheless, this is not an absolute rule, and appeals courts in Texas have upheld much larger awards, and found much smaller awards to be invalid. It's decided on a case-by-case basis.

How Can a Amarillo, Texas Attorney Help?

In Amarillo, Texas, judges and juries have a good deal of leeway in deciding if they want to grant punitive damages, so there are a nearly-unlimited number of cases that can lead to a punitive damage award.

If you live in Amarillo, Texas and are engaged in a case that you believe carries the possibility of a punitive damage award, you may be entitled to a large amount of funds from the person or company that hurt you. To know for sure, you should speak with a civil litigation attorney in Amarillo, Texas.

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Life in Amarillo

Amarillo is the seat of Potter County and largest city in the Texas Panhandle with over 175,000 residents according to the 2000 Census. Known to most as the "yellow rose of Texas," Amarillo is also the self-proclaimed "helium capital of the world" because the United States' most productive helium fields are located in town. Amarillo was originally known throughout the United States as a capital for cattle trade.

The city's industry hasn't changed much, Amarillo is still the location where roughly 25% of the nation's beef supply is processed and is also home to the Texas Cattle Feeders Association. Tyson Foods is Amarillo's largest employer attesting to the meatpacking heritage of the city. Healthcare, the Amarillo Independent School District, and the City of Amarillo are other top employers. Bell Helicopter Textron operates and assembly plant in Amarillo which is responsible for the V-22 Osprey and Marine One assembly.

The Globe News Center for the Performing Arts in Amarillo houses the Amarillo Opera, Amarillo Symphony, and Lone Star Ballet in addition to concerts. For those who want the Texas Cowboy experience, Amarillo plays host to the Tri-State Fair and Rodeo as well as the World Championship Chuckwagon Roundup that is a food festival featuring staples cowboys and pioneers historically ate in the area. The World Championship Ranch Rodeo is put on by the Working Ranch Cowboys Association and attracts accomplished cowboys from around the world. There's even a weekly cattle auction that's free to the public named the Amarillo Livestock Auction. The American Quarter Horse Association and Hall of Fame is another internationally known Amarillo organization.

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