Suing for Punitive Damages in Midland

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Litigation Lawyers in Midland

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

In Midland, Texas, punitive damages are not awarded in many cases. This is because the civil litigation system highly disfavors giving money to plaintiffs in amounts disproportionate to the injuries they have suffered. Nonetheless, in some cases, the conduct of the defendant is so reprehensible, that simply punishing the defendant is a worthy goal, and this interest outweighs the preference against giving civil plaintiffs financial windfalls.

Conduct that can give rise to punitive damages in Midland, Texas

The vast majority of personal injury lawsuits in Midland, Texas involve cases in which the defendant did not intend to harm the plaintiff, but did so through carelessness. This is not enough to award punitive damages in Midland, Texas.

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

Nonetheless, in Midland, Texas, the law places limits on punitive damages. The U.S. Supreme Court has ruled numerous 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 Midland, Texas cannot be more than 10 times larger than the actual damages sustained by the plaintiff. Nonetheless, 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 decided on a case-by-case basis.

How Can a Midland, Texas Attorney Help?

In Midland, 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 cases that can lead to a punitive damage award.

If you live in Midland, Texas and are engaged 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 hurt you. To know for sure, you should speak with a civil litigation attorney in Midland, Texas.

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Life in Midland

Midland is located in Midland County, Texas. It is located in Texas's Southern Plains region. Some of Midland falls into Marin County. As of the 2010 census, Midland has a population of 111,147 people.

Top employers that drive the economy include Warren Equipment Companies, the Midland Independent School District, the Midland Memorial Hospital and Medical Center, Dawson Geophysical, Midland College, Patterson Drilling UTI, ATT Wireless, and Key Energy Services. Midland is also home to many law offices and small firms that practice in various legal practices. Thus, residents and businesses of Midland can rest assure because any and every legal need of theirs can be easily handled by Midland's legal force.

Famous residents include Michael Arden, Kahty Baker, Cedric Benson, Raymond Benson, Barbara Bush, Jeb Bush, Jenna Bush, Mike Conaway, Leeon D. Davis, Don Evans, Kenn George, Tommy Franks, Spud Webb, Larry L. King, and Eileen Wilks.

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