Litigation Lawyers in Pecos

In Pecos, 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 Pecos, 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.

In Pecos, Texas, punitive damages are not awarded in many cases. This is because the civil litigation system strongly disfavors giving money to plaintiffs in amounts disproportionate to the injuries they have suffered. However, 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 Pecos, Texas

A majority of personal injury litigation actions in Pecos, Texas do not involve the possibility of punitive damages, because they normally involve injuries where the defendant is at fault for the harm caused, but did not intend to do any harm. In Pecos, Texas, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.

Punitive damages in Pecos, Texas are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Pecos, Texas courts will consider many factors in considering whether or not to award punitive damages. For example, the court might employ a sliding scale that weighs the immorality of the defendant's actions against the actual harm that it caused to the plaintiff, and calculate damages accordingly.

However, in Pecos, 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.

A good rule of thumb for calculating the upper limit of punitive damages in Pecos, Texas is that punitive damages can be no larger than compensatory damages times ten. This rule is not absolute, of course. Courts in Texas have a good deal of discretion in awarding punitive damages, and will determine them based on the facts of each case. Because of this, punitive damage awards larger than 10 times compensatory damages are sometimes upheld, while much smaller awards have been overturned, because they were deemed excessive in a particular case.

How Can a Pecos, Texas Attorney Help?

In Pecos, 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 have been harmed in Pecos, Texas and you think punitive damages might be justified, a large amount of money might be at stake. For that reason, you should not hesitate to consult a civil litigation attorney in Pecos, Texas.