Litigation Lawyers in Rosenberg

In Rosenberg, 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 Rosenberg, 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 Rosenberg, 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 Rosenberg, Texas

Personal injury litigation doesn't normally carry with it the possibility of punitive damages in Rosenberg, Texas, because generally 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 Rosenberg, Texas.

Punitive damages in Rosenberg, Texas are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. Rosenberg, 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.

Nonetheless, in Rosenberg, 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.

A good rule of thumb for calculating the upper limit of punitive damages in Rosenberg, 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 decide them based on the facts of each case. Because of this, punitive damage awards larger than 10 times compensatory damages are occasionally upheld, while much smaller awards have been overturned, because they were deemed excessive in a certain case.

How Can a Rosenberg, Texas Attorney Help?

In Rosenberg, Texas, there are a large variety of situations 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 Rosenberg, Texas and you think punitive damages might be justified, a large amount of money might be at stake. For that reason, you should not delay to consult a civil litigation attorney in Rosenberg, Texas.