Suing for Punitive Damages in Port Arthur

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Litigation Lawyers in Port Arthur

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

In Port Arthur, 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 Port Arthur, Texas

A majority of personal injury litigation actions in Port Arthur, 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 Port Arthur, Texas, accidental harm may be enough to award the plaintiff compensatory damages, but it is not enough for punitive damages.

Punitive damages in Port Arthur, Texas are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Port Arthur, Texas courts will consider many 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 actions against the actual harm that it caused to the plaintiff, and calculate damages accordingly.

It's critical to know that punitive damages in Port Arthur, 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.

In Port Arthur, Texas, punitive damage awards are usually (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 Port Arthur, Texas Attorney Help?

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

If you are immersed in a case in Port Arthur, Texas where punitive damages are a possibility, a very large amount of money could be at stake, whether you are the plaintiff or defendant. You should not delay to speak with a civil litigation attorney in Port Arthur, Texas

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Life in Port Arthur

Port Arthur is experiencing an economic revitalization with nearly billion in projects involving energy infrastructure. Golden Pass and Sabine Pass LNG terminals are the largest and would bring in millions of dollars to Port Arthur each year. Port Arthur is one of Texas' leading seaports and was in the news recently when an oil tanker and barge collided. Port Arthur is connected to the rest of Texas intersecting with a number of US and state highways making it ideal for transportation and distribution. Being the center of so much business, Port Arthur has some of the best outlet and shopping in the area. The business boom has also attracted a number of lawyers to the area to help sort out any legal problem that may arise. Port Arthur lawyers know business law well but many also focus their practices in other areas like family, criminal, and immigration law.

Port Arthur offers a number of worthwhile educational outlets like public libraries and schools. The Bob Hope Charter School and Lamar State College are both located in Port Arthur. Notables of Port Arthur include Janis Joplin, Jimmy Johnson, G.W. Bailey, and rap group UGK. Port Arthur has seen major damage from Gulf of Mexico hurricanes and tropical cyclones like Hurricane Rita, Humberto, Ike, and Tropical Storm Eduard. Luckily, Port Arthur residents have prepared successfully beforehand or recovered from the forceful damaging storms.

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