Suing for Punitive Damages in San Antonio

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Litigation Lawyers in San Antonio

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

In San Antonio, 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 San Antonio, Texas

Personal injury litigation doesn't typically carry with it the possibility of punitive damages in San Antonio, Texas, because typically 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 San Antonio, Texas.

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

It's important to know that punitive damages in San Antonio, 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 suffered by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government taking property from the defendant without due process of law.

Punitive damages in San Antonio, Texas typically cannot exceed 10 times the amount of actual damages suffered by the plaintiff. However, this is just a guideline, and not a strict rule. Courts in Texas have found larger punitive damage awards to be perfectly valid, and smaller ones to be invalid. This will be highly dependent on the facts of each case.

How Can a San Antonio, Texas Attorney Help?

In San Antonio, 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 are engaged in a case in San Antonio, 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 hesitate to speak with a civil litigation attorney in San Antonio, Texas

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Life in San Antonio

San Antonio, Texas is a fun-filled with place something for everyone! For families, popular attractions include the River Walk for great dining, Sea World San Antonio, Six Flags Fiesta Texas, the San Antonio Zoo, and Calaveras Lake.

San Antonio also has some historical-oriented attractions such as Tower of the Americas, Buckhorn Saloon and Museum, Alamo, San Antonio Missions National Historical Park, and San Fernando Cathedral. Other popular attractions are the McNay Art Museum, Swig Martini Bar, and Ripey's Believe It or Not/Plaza Theatre of Wax.

San Antonio is also home to many law firms that practice in all areas of law. Therefore, whether a case be major or minor, no legal inquiry will be unattended in San Antonio, Texas.

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