Suing for Punitive Damages in Mesquite

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Litigation Lawyers in Mesquite

In Mesquite, 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 Mesquite, 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 Mesquite, 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 Mesquite, Texas

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

Punitive damages in Mesquite, Texas are not authorized 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 Mesquite, 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.

It's necessary to note that in Mesquite, Texas, punitive damages are not unlimited. The Supreme Court has repeatedly held that punitive damages cannot be hugely disproportionate to the amount awarded to compensate the plaintiff for the actual injuries they suffered. If the punitive damages are extremely excessive, an appeals court might rule that they amount to a deprivation of property without due process of law, or a de facto criminal punishment, without affording the defendant the protections available in criminal cases.

In Mesquite, Texas, punitive damage awards are typically (but not always) capped at 10 times the amount awarded in compensatory damages. Remember, however, that this is just a basic rule of thumb, and is not completely rigid. In Texas, appeals courts have a good deal of discretion in deciding if a punitive damage award is valid or invalid. Much larger awards have been upheld, and smaller awards have been overturned. The validity of a specific punitive damage award will depend heavily on the facts of each case.

How Can a Mesquite, Texas Attorney Help?

Mesquite, Texas's courts have wide discretion in awarding punitive damages. Therefore, it is impossible to comprehensively discuss all the situations in which punitive damages can arise.

If you live in Mesquite, 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 Mesquite, Texas.

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Life in Mesquite

Mesquite, Texas is a city located in Dallas County. It has a population of about 136,000 people, and is a suburb of the city of Dallas.

Mesquite, Texas was founded in 1873, when a railway engineer purchased a large tract of land in the area, shortly before the establishment of a rail line from Dallas to Shreveport, Louisiana. Once this happened, Mesquite entered a period of rapid growth.

Up until the early 20th century, Mesquite's prosperous economy was largely based around agriculture, and the export of produce such as cotton, sugar, and corn.

Mesquite's economy is largely linked to that of Dallas, which is a major center for information technology, financial, and health care industries. The Dallas area has one of the largest concentrations of publicly-traded and Fortune 500 companies in the U.S. - the entire area is a hotbed of economic activity, in virtually any industry or discipline one could imagine.

If you live in Mesquite, Texas, it goes without saying that you can probably find the right lawyer to solve whatever legal problem you may have. If you have a legal issue, it's very likely that a Mesquite, Texas lawyer will be able to help.

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