Suing for Punitive Damages in Carrollton

Find the right Litigation attorney in Carrollton, TX

Litigation Lawyers in Carrollton

In Carrollton, 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 Carrollton, 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 Carrollton, 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 Carrollton, Texas

Generally personal injury cases in Carrollton, Texas involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for example). In Carrollton, Texas, this is not enough to justify the award of punitive damages.

Punitive damages in Carrollton, Texas are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Carrollton, Texas courts will consider many factors in considering whether or not to award punitive damages. For example, the court might employ a sliding scale that weighs the immorality of the defendant's actions against the actual harm that it caused to the plaintiff, and calculate damages accordingly.

You should be aware of the fact that there are some pretty severe limits on punitive damages in Carrollton, Texas. The U.S. Supreme Court has found that there are constitutional limits on punitive damage awards. Punitive damages can't be too disproportionate to the actual damages that the plaintiff has suffered. Appeals courts have found that excessive punitive damage awards violate the defendant's right to due process, by depriving them of massive amounts of property.

Punitive damages in Carrollton, Texas normally cannot exceed 10 times the amount of actual damages suffered by the plaintiff. However, this is just a guideline, and not a strict rule. Courts in Texas have found larger punitive damage awards to be perfectly valid, and smaller ones to be invalid. This will be highly dependent on the facts of each case.

How Can a Carrollton, Texas Attorney Help?

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

If you have been harmed in Carrollton, Texas and you think punitive damages might be justified, a large amount of money might be at stake. For that reason, you should not hesitate to consult a civil litigation attorney in Carrollton, Texas.

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Life in Carrollton

Carrollton, Texas is a medium-sized city that straddles Denton County, Dallas County, and Collin County. Its population is about 123,000 people.

Carrollton, Texas is named for a city of the same name in Illinois, which was the home of many of the area's original settlers. In the early days of settlement, Carrollton subsited entirely on agriculture. However, once a major railroad went through the region, the city industrialized rapidly, and in 1913, was formally incorporated.

Modernly, Carrollton, Texas is home to many companies who are major players in the technology, energy, and healthcare sectors. Between them, these companies provide thousands of jobs, many of which are highly skilled, and pay very well.

Although summers in Carrollton may be a bit warm for some, the weather tends to be fairly mild for the region, adding another attractive element, in addiont to the numerous employers.

Given the variety of industry in Carrollton, its fairly large population, and healthy economy that revolves around several cutting-edge industries, it should be apparent that the lawyers of Carrollton, Texas need to stay on top of the latest developments in several rapidly-changing legal fields. For this reason, Carrollton, Texas lawyers are very competent and hardworking, and should be able to help you with your legal problem in the best way possible.

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