Litigation Lawyers in Cedar Park
In Cedar Park, Texas, civil litigation is not meant to punish wrongdoers, at least that is not its main 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 Cedar Park, 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 Cedar Park, 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 Cedar Park, Texas
Mostly personal injury cases in Cedar Park, Texas involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for instance). In Cedar Park, Texas, this is not enough to justify the award of punitive damages.
Punitive damages in Cedar Park, Texas are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Cedar Park, Texas courts will consider several factors in considering whether or not to award punitive damages. For instance, the court might employ a sliding scale that weighs the immorality of the defendant's conduct against the actual harm that it caused to the plaintiff, and calculate damages accordingly.
It's crucial to know that punitive damages in Cedar Park, Texas are subject to limits. The Supreme Court of the United States has held, more than once, that punitive damages can't be grossly disproportionate to the actual harm sustained by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government acquiring property from the defendant without due process of law.
Generally, in Cedar Park, 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 Cedar Park, Texas Attorney Help?
In Cedar Park, Texas, there are a basically unlimited number of situtations in which punitive damages can be awarded.
If you are located in Cedar Park, Texas, and are involved 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 Cedar Park, Texas civil litigation attorney