Suing for Punitive Damages in Brownsville

Find the right Litigation attorney in Brownsville, TX

  • /10
  • Client Overall
    Satisfaction Rate*
*TrustPilot score as of 010118

Litigation Lawyers in Brownsville

In Brownsville, 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 Brownsville, 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.

You should be cognizant that courts in Brownsville, Texas are not especially fond of authorizing 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 Brownsville, Texas

The vast majority of personal injury lawsuits in Brownsville, Texas involve cases 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 Brownsville, Texas.

In Brownsville, 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 Brownsville, 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 essential to note that in Brownsville, 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.

Usually, in Brownsville, Texas, punitive damage awards that exceed the actual damages (those awarded to directly compensate the plaintiff) by a factor of 10. This is not an absolute rule, nonetheless, and is applied on a case-by-case basis. Courts in Texas have found much smaller awards to be invalid, and upheld much larger awards.

How Can a Brownsville, Texas Attorney Help?

The law of Brownsville, Texas doesn't lay out many strict conditions which are necessary before punitive damages can be authorized. Instead, it largely leaves it to the discretion of the courts. So, there are various situations where they might be awarded.

If you are located in Brownsville, Texas, 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 Brownsville, Texas civil litigation attorney

Talk to a Law Attorney now!

Life in Brownsville

Brownsville is located in Southern Texas, along the bank of the Rio Grande River. It is Texas's sixteenth largest city with an approximate population of 75,023 people.

An important industrial hub for Brownsville is the Port of Brownsville, which connects the trading networks of Texas and Mexico. Top employers in Brownsville include school districts, county offices, Valley Regional Medical Center, and Walmart. Brownsville is also home to many small law offices and law firms with well-qualified attorneys capable of handling any legal matter. The legal industry's focus is on personalized attention and communication regarding client matters.

Brownsvilla is also filled with a number of attractions for tourists to enjoy. Attractions include Palo Alto Battlefield National Historic Site, the Gladys Porter Zoo, Sabal Palm Audubon Center and Sanctuary, and Boca Chica State Park.

All in all, Brownsville is a wonderful place for anyone taking a trip to Texas to visit!

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