Suing for Punitive Damages in Irving

Find the right Litigation attorney in Irving, TX

Litigation Lawyers in Irving

In Irving, 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 Irving, 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 Irving, 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 Irving, Texas

A majority of personal injury litigation actions in Irving, Texas do not involve the possibility of punitive damages, because they usually involve injuries where the defendant is at fault for the harm caused, but did not intend to do any harm. In Irving, Texas, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.

In Irving, Texas, punitive damages are only awarded in extreme circumstances. Civil wrongs such as fraud, conversion (theft), battery, and other intentional, depraved acts are sufficient to award punitive damages. In deciding whether or not to award punitive damages, and how much money to award, courts in Irving, Texas will consider many different factors. Usually, they employ a sliding scale, weighing the nature of the conduct and the actual harm that the conduct caused. The more immoral the conduct, and/or the more harm caused, the more likely a court is to award punitive damages.

You should be cognizant of the fact that there are some pretty severe limits on punitive damages in Irving, 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 Irving, 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 Irving, Texas Attorney Help?

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

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

Talk to a Law Attorney now!

Life in Irving

Irving, Texas is most notable for encompassing the master-planned Las Colinas development and the Mustangs at Las Colinas sculpture, which is the largest equestrian sculpture in the world. The massive sculpture depicts a band of horses running through a splashing fountain at 1.5 times their actual size and extends 400 feet. Others may know Irving as the home to the Dallas/Fort Worth International Airport that fits just inside city limits. The outstanding neighborhoods and easy airport access makes Irving an ideal location for business executives to headquarter their businesses.

Irving is home to lots of household names like Chuck E. Cheese's, Hostess Brands, Omni Hotels, ExxonMobil, and Kimberly-Clark producer of Kleenex, Cottonelle, Huggies, and Kotex feminine products. Additionally, the National Headquarters for the Boy Scouts of America calls Irving home. You know it's a standout community when the Boy Scouts approve.

Notable residents of Irving include ZZ Top drummer Frank Beard, Olympic sprinter Jeremy Warner, pro football player Demarcus Faggins. Surprisingly, Lee Harvey Oswald, accused assassin of President John F. Kennedy, lived with his family there for a period of time. Many believe he lived within Dallas. Irving has much more history for visitors and residents to enjoy because it's been around for over a century. Irving was founded in 1903 and named for author Washington Irving who was a favorite of a co-founder's wife.

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