Litigation Lawyers in Kyle
In Kyle, 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 Kyle, 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 Kyle, 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 Kyle, Texas
A majority of personal injury litigation actions in Kyle, 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 Kyle, Texas, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.
In Kyle, Texas, punitive damages are not awarded in most cases. They are typically only awarded when the defendant's conduct 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 Kyle, 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.
It's necessary to know that punitive damages in Kyle, Texas are subject to limits. The Supreme Court of the United States has held, more than once, that punitive damages can't be grossly disproportionate to the actual harm sustained by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government acquiring property from the defendant without due process of law.
Generally, in Kyle, 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, nonetheless, 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 Kyle, Texas Attorney Help?
In Kyle, Texas, there are a basically unlimited number of situtations in which punitive damages can be awarded.
If you live in Kyle, 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 Kyle, Texas.