Litigation Lawyers in Plainview

In Plainview, 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 Plainview, 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 Plainview, 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 Plainview, Texas

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

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

It's crucial to know that punitive damages in Plainview, Texas are subject to limits. The Supreme Court of the United States has held, more than once, that punitive damages can't be grossly disproportionate to the actual harm sustained by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government acquiring property from the defendant without due process of law.

Usually, in Plainview, Texas, punitive damage awards that exceed the actual damages (those awarded to directly compensate the plaintiff) by a factor of 10. This is not an absolute rule, nonetheless, and is applied on a case-by-case basis. Courts in Texas have found much smaller awards to be invalid, and upheld much larger awards.

How Can a Plainview, Texas Attorney Help?

In Plainview, Texas, there are a basically unlimited number of situtations in which punitive damages can be awarded.

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