Suing for Punitive Damages in Fort Worth

Find the right Litigation attorney in Fort Worth, TX

Litigation Lawyers in Fort Worth

In Fort Worth, 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.

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

Punitive Damages in Fort Worth, Texas are not awarded easily, because the civil justice system usually 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 Fort Worth, Texas

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

Punitive Damages in Fort Worth, Texas are only awarded in cases where the behavior of the plaintiff was intentional and highly immoral, or extremely reckless. In Fort Worth, 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 Fort Worth, 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.

A good rule of thumb for calculating the upper limit of punitive damages in Fort Worth, Texas is that punitive damages can be no larger than compensatory damages times ten. This rule is not absolute, of course. Courts in Texas have a good deal of discretion in awarding punitive damages, and will decide them based on the facts of each case. Because of this, punitive damage awards larger than 10 times compensatory damages are occasionally upheld, while much smaller awards have been overturned, because they were deemed excessive in a certain case.

How Can a Fort Worth, Texas Attorney Help?

Fort Worth, Texas's courts have wide discretion in awarding punitive damages. Therefore, it is unrealistic to comprehensively discuss all the situations in which punitive damages can arise.

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

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Life in Fort Worth

Fort Worth is concentrated within three main districts: the Cultural District, the Sundance Square District, and the Stockyards Station District. Some more background information is that Fort Worth is the fifth largest city in Texas, and the sixteenth largest in the U.S.

Naturally, in such a fun and exciting place, there are many things to do. Popular attractions include Fort Worth Stockyards National Historic District, Stockyards Rodeo, Bass Performance Hall, Modern Art Museum of Fort Worth, the Texas Civil War Museum, Omni Theater, and Trinity Park. Fort Worth is also home to many well-known law firms such as Haynes and Boone, LLP, as well as many mid-size and small law firms. Essentially, any resident or corporation's legal needs can be met because there is a variety of firms and lawyers to choose from. Whether a large case needs to be litigated by a corporate, or an individual needs some small matters taken care of, Fort Worth offers its residents some of the brightest lawyers in the country.

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