Suing for Punitive Damages in Galveston

Find the right Litigation attorney in Galveston, TX

Litigation Lawyers in Galveston

In Galveston, 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.

Of course, there are exceptions to this rule. In Galveston, 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. Instead, these "punitive damages," as they are called, are meant to punish and deter wrongdoing.

Punitive Damages in Galveston, Texas are not awarded easily, 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 Galveston, Texas

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

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

You should be cognizant of the fact that there are some pretty severe limits on punitive damages in Galveston, 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 large amounts of property.

A good rule of thumb for calculating the upper limit of punitive damages in Galveston, 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 Galveston, Texas Attorney Help?

In Galveston, Texas, there are a practically unlimited number of situtations in which punitive damages can be awarded.

If you live in Galveston, 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 funds from the person or company that injured you. To know for sure, you should speak with a civil litigation attorney in Galveston, Texas.

Talk to a Law Attorney now!

Life in Galveston

Galveston is a city in Texas located on the coast, Galveston Island to be exact. Per the 2010 census it has a population of 47,743 people.

The economy thrives off of the health care, shipping and financial industries. However there are many small law offices and firms in Galveston as well. These entities train excellent attorneys to handle various legal matters.

Some sites to be seen in Galvestron are the Mood Gardens, Schlitterbahn Waterpark, Ocean Star Offshore Drilling Rig Museum, the Lone Star Flight Museum, Galvestron Railroad Museum, The Strand, and Seawolf Park.

Some notable residents include William L. Moody Jr., John H. Murhy, Sam Maceo, and Douglas Corrigan.

All in all, although not one of the big cities in Texas, Galveston is a great place to visit and to call home.

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