Suing for Punitive Damages in Mcallen

Find the right Litigation attorney in Mcallen, TX

Litigation Lawyers in Mcallen

In Mcallen, 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 Mcallen, 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 Mcallen, 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 Mcallen, Texas

Personal injury litigation doesn't usually carry with it the possibility of punitive damages in Mcallen, Texas, because mostly 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 Mcallen, Texas.

Punitive damages in Mcallen, Texas are not granted in many cases. They are only awarded when the defendant's conduct was so deplorable and deliberate (but not necessarily criminal) that punishment is warranted. Fraud, battery, conversion (theft) and other intentional, insidious acts are usually required before punitive damages in Mcallen, Texas will be considered. Furthermore, in deciding how much to award in punitive damages, a court will consider 2 main factors: the insidious nature of the defendant's conduct, and the actual harm that the plaintiff suffered as a result.

However, in Mcallen, Texas, the law places limits on punitive damages. The U.S. Supreme Court has ruled many 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 Mcallen, 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 Mcallen, Texas Attorney Help?

In Mcallen, Texas, judges and juries have a good deal of leeway in deciding if they want to grant punitive damages, so there are a nearly-unlimited number of circumstances that can lead to a punitive damage award.

If you live in Mcallen, 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 money from the person or company that injured you. To know for sure, you should speak with a civil litigation attorney in Mcallen, Texas.

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Life in Mcallen

McAllen, Texas is the largest city in Hidalgo County, having a population of more than 100,000 people.

McAllen, Texas was recently ranked by Forbes Magazine as having one of the best real estate markets in the U.S. It is currently designated a Foreign Trade Zone by the federal government, which is basically a free port, meaning that goods from other countries can enter the U.S. without having to pay customs duties.

Thanks to this free port, McAllen, Texas has a thriving retail sector, with many high-end retailers catering to American and Mexican shoppers, alike. This free trade zone also promotes a great deal of industrial activity on both sides of the border, benefiting both economies.

McAllen is a popular destination for dedicated bird watchers, as it lies on a migratory path that many different species of birds take from South America to North America. The rural areas surrounding the city provide excellent bird watching sites, along with a rich abundance of other wildlife.

If you are looking for a lawyer, and live in McAllen, Texas, chances are good that you'll be able to find one. There are many McAllen, Texas lawyers who can help you with almost any legal problem you might have.

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