Litigation Lawyers in La Marque
In La Marque, Texas, civil litigation is not meant to punish wrongdoers, at least that is not its primary 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 La Marque, 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. Instead, these "punitive damages," as they are called, are meant to punish and deter wrongdoing.
Punitive Damages in La Marque, Texas are not awarded lightly, 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 La Marque, Texas
A majority of personal injury litigation actions in La Marque, 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 La Marque, Texas, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.
In La Marque, 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 La Marque, 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 critical to know that punitive damages in La Marque, 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 suffered by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government taking property from the defendant without due process of law.
Punitive damages in La Marque, Texas usually 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 La Marque, Texas Attorney Help?
La Marque, Texas's courts have wide discretion in awarding punitive damages. Accordingly, it is impossible to comprehensively discuss all the situations in which punitive damages can arise.
If you are involved in a case in La Marque, Texas where punitive damages are a possibility, a very large amount of money could be at stake, whether you are the plaintiff or defendant. You should not hesitate to speak with a civil litigation attorney in La Marque, Texas