Suing for Punitive Damages in Arlington

Find the right Litigation attorney in Arlington, TX

Litigation Lawyers in Arlington

In Arlington, Texas, civil litigation is not meant to punish wrongdoers, at least that is not its primary purpose. Rather, 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 circumstances, courts in Arlington, Texas will order a defendant to pay the plaintiff damages which are not directly tied to any harm suffered by the plaintiff. Rather, these damages, which are known as "punitive damages", are meant to punish the wrongdoer, and serve as a deterrent.

You should be aware that courts in Arlington, Texas are not particularly fond of granting punitive damages, because they view it as a financial windfall that generally runs counter to civil litigation's primary purpose of compensating victims of wrongdoing for the harm they've suffered. However, if the conduct of the defendant was completely reprehensible and the harm caused was deliberate, a court might impose damages to punish the defendant, known as "punitive damages."

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

The vast majority of personal injury lawsuits in Arlington, Texas 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 Arlington, Texas.

In Arlington, Texas, 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 Arlington, Texas 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 important to note that in Arlington, 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 Arlington, Texas, 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 Texas, 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 Arlington, Texas Attorney Help?

Arlington, Texas's courts have wide discretion in awarding punitive damages. Accordingly, it is impossible to comprehensively discuss all the situations in which punitive damages can arise.

If you are involved in a case in Arlington, Texas where punitive damages are a possibility, a very large amount of money could be at stake, whether you are the plaintiff or defendant. You should not hesitate to speak with a civil litigation attorney in Arlington, Texas

Talk to a Law Attorney now!

Life in Arlington

You'd have to agree with TV show "King of the Hill" when they assert that Arlington, Texas may be heaven. Arlington boomed in Post World War II era nearly doubling its size in one year. The suburbs of downtown Arlington grew so quickly it became known as one of America's Bloomburbs. Today the population is well over 400,000 Arlington residents who enjoy the Texas Rangers and Dallas Cowboys as hometown teams. Arlington also hosted the 2010 NBA All-Star Game. In addition to professional sports, the local colleges and universities in Arlington offer entertainment and tourist attractions. The University of Texas at Arlington, Tarrant County College, and Arlington Baptist College all operate campuses in Arlington. Six Flags Over Texas is a nationwide attraction for theme park enthusiasts. It's the original Six Flags Theme Park and was also the first park to offer a mine train coaster, log flume splash ride, and the first free fall (cliff hanger) ride. Six Flags Over Texas has some of the most extreme rides around too. The Titan rollercoaster is the tallest and fastest amusement rides in the state of Texas at 245 feet high and with an 85 mph top speed. Spring Break Out, the Best of Texas Festival, and Fright Fest are a few of Arlington's annual festivals with parades.

Clients Rate LegalMatch Attorneys
(click to read reviews)

Howard B.
Howard B.

Business - Litigation

Rye Brook, NY

Mark B.
Mark B.

Business - Litigation

Roseland, NJ

David A.
David A.

Business - Litigation

Walnut Creek, CA