Litigation Lawyers in Kingsville
In Kingsville, Texas, civil litigation is not meant to punish wrongdoers, at least that is not its primary 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 Kingsville, 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. Alternatively, these "punitive damages," as they are called, are meant to punish and deter wrongdoing.
Punitive Damages in Kingsville, Texas are not awarded lightly, 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 Kingsville, Texas
A majority of personal injury litigation actions in Kingsville, Texas do not involve the possibility of punitive damages, because they typically involve injuries where the defendant is at fault for the harm caused, but did not intend to do any harm. In Kingsville, Texas, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.
In Kingsville, Texas, punitive damages are not awarded in most cases. They are normally only awarded when the defendant's actions was so reckless or deplorable that punishment of the defendant is warranted. Acts such as battery, fraud, and defamation (in some cases) are usually considered sufficient in Kingsville, Texas to justify punitive damages. In deciding whether to award punitive damages, and how much to award, the two most important factors the court looks at will be the level of immorality of the act, as well as the actual harm that the plaintiff suffered as a result of the defendant's conduct.
However, in Kingsville, Texas, the law places limits on punitive damages. The U.S. Supreme Court has ruled several times that punitive damages cannot be grossly disproportionate to the evil nature of the conduct, and the injuries that the defendant suffered. If they are disproportionate, punitive damages might be considered a deprivation of the defendant's right to due process of law.
Punitive damages in Kingsville, Texas typically cannot exceed 10 times the amount of actual damages suffered by the plaintiff. However, this is just a guideline, and not a strict rule. Courts in Texas have found larger punitive damage awards to be perfectly valid, and smaller ones to be invalid. This will be highly dependent on the facts of each case.
How Can a Kingsville, Texas Attorney Help?
In Kingsville, Texas, there are an essentially unlimited number of situtations in which punitive damages can be awarded.
If you are engaged in a case in Kingsville, Texas that you believe might entitle you to punitive damages, a lot of money could be at stake. Thus, if you want to pursue your legal remedies, you should see a Kingsville, Texas civil litigation attorney as soon as possible.