Litigation Lawyers in Forest Hill

In Forest Hill, 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.

Of course, there are exceptions to this rule. In Forest Hill, Texas, courts will, in relatively rare cases, require defendants to pay plaintiffs sums of money which aren't calculated by the actual harm and costs the plaintiff has incurred. Instead, these "punitive damages," as they are called, are meant to punish and deter wrongdoing.

Punitive Damages in Forest Hill, Texas are not awarded lightly, because the civil justice system generally disfavors giving plaintiffs financial windfalls not directly related to compensating them for their injuries. They are usually only awarded when the conduct of the defendant is morally reprehensible, and far worse than simple carelessness.

Conduct that can give rise to punitive damages in Forest Hill, Texas

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

Punitive Damages in Forest Hill, Texas are only awarded in cases where the conduct of the plaintiff was intentional and highly immoral, or extremely reckless. In Forest Hill, 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.

There are limits on punitive damages in Forest Hill, Texas. The Supreme Court has held that punitive damage awards which are grossly disproportionate to the immorality of the conduct, and the harm that it caused, are an unconstitutional deprivation of property without due process of law.

Generally, in Forest Hill, 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, however, 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 Forest Hill, Texas Attorney Help?

The law of Forest Hill, 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 many situations where they might be awarded.

If you live in Forest Hill, Texas and are involved in a case that you believe carries the possibility of a punitive damage award, you may be entitled to a large amount of money from the person or company that injured you. To know for sure, you should speak with a civil litigation attorney in Forest Hill, Texas.