Litigation Lawyers in Bellaire

In Bellaire, Texas, civil litigation is not meant to punish wrongdoers, at least that is not its primary purpose. Instead, 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 situations, courts in Bellaire, 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 Bellaire, 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 Bellaire, Texas

The vast majority of personal injury lawsuits in Bellaire, Texas involve instances 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 Bellaire, Texas.

Punitive Damages in Bellaire, Texas are only awarded in cases where the actions of the plaintiff was intentional and highly immoral, or extremely reckless. In Bellaire, Texas, torts such as fraud, gross negligence, and theft are sufficient to award punitive damages. Courts consider numerous factors when deciding whether or not punitive damages are warranted. Courts will look at the nature of the act, as well as the defendant's intent in performing the act. This will be weighed, on a sliding scale, against the actual harm that the defendant's conduct caused to the plaintiff.

However, in Bellaire, Texas, the law places limits on punitive damages. The U.S. Supreme Court has ruled several times that punitive damages cannot be grossly disproportionate to the evil nature of the conduct, and the injuries that the defendant suffered. If they are disproportionate, punitive damages might be considered a deprivation of the defendant's right to due process of law.

In general, punitive damages in Bellaire, Texas 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 Texas 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 Bellaire, Texas Attorney Help?

In Bellaire, Texas, 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 are immersed in a case in Bellaire, Texas that you believe might entitle you to punitive damages, a lot of money could be at stake. Therefore, if you want to pursue your legal remedies, you should see a Bellaire, Texas civil litigation attorney as soon as possible.