Suing for Punitive Damages in Lubbock

Find the right Litigation attorney in Lubbock, TX

Litigation Lawyers in Lubbock

In Lubbock, Texas, civil litigation is not meant to punish wrongdoers, at least that is not its primary purpose. Instead, 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 Lubbock, 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. Rather, these "punitive damages," as they are called, are meant to punish and deter wrongdoing.

Punitive Damages in Lubbock, Texas are not awarded lightly, because the civil justice system typically 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 Lubbock, Texas

Personal injury litigation doesn't normally carry with it the possibility of punitive damages in Lubbock, Texas, because generally personal injury cases stem from harm that was caused accidentally, not deliberately. Accidental harm is not enough to warrant an award of punitive damages in Lubbock, Texas.

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

However, in Lubbock, 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.

In general, punitive damages in Lubbock, Texas cannot be more than 10 times larger than the actual damages suffered by the plaintiff. However, this is not an absolute rule, and appeals courts in Texas have upheld much larger awards, and found much smaller awards to be invalid. It's determined on a case-by-case basis.

How Can a Lubbock, Texas Attorney Help?

In Lubbock, Texas, there are a large number of cases in which punitive damages are appropriate, because the decision to grant punitive damages is largely up to the discretion of the jury.

If you are immersed in a case in Lubbock, Texas that you believe might entitle you to punitive damages, a lot of money could be at stake. Therefore, if you want to pursue your legal remedies, you should see a Lubbock, Texas civil litigation attorney as soon as possible.

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Life in Lubbock

Lubbock is located in Lubbock County, Texas. It is specifically located in the north west region of the state. The 2010 census has reported its population to be 229,573 people. It is the eighty-seventh most populated city in the United States, and the eleventh most populated city in Texas.

It's nickname is "Hub City" because the city is seen as an education and health care hub of the South Plains region of Texas.

Interestingly, CNNMoney.com ranked it twelfth amongst the best places to start a small business. With Lubbock being a business-friendly area, naturally it has a strong legal force to support local businesses and residents. Therefore, residents and businesses do not have to travel far to receive excellent legal care!

Popular sites include the National Ranching Heritage Center, the Southwest Collection, Texas Tech University and the Museum of Texas Tech University.

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