Suing for Punitive Damages in Temple

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Litigation Lawyers in Temple

In Temple, 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 Temple, 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.

Courts in Temple, Texas do not authorize punitive damages in most cases. The civil litigation system is geared against authorizing financial windfalls to civil plaintiffs. But, there are rare cases, where the defendant has done something to the plaintiff that is so morally reprehensible, that society's interest in punishing the defendant and deterring comparable misconduct outweighs the civil justice system's preference against punitive damages.

Conduct that can give rise to punitive damages in Temple, Texas

The vast majority of personal injury lawsuits in Temple, Texas involve instances in which the defendant did not intend to harm the plaintiff, but did so through carelessness. This is not enough to award punitive damages in Temple, Texas.

In Temple, Texas, punitive damages are not awarded in most cases. They are usually only awarded when the defendant's behavior was so reckless or deplorable that punishment of the defendant is warranted. Acts such as battery, fraud, and defamation (in some cases) are usually considered sufficient in Temple, Texas to justify punitive damages. In deciding whether to award punitive damages, and how much to award, the two most important factors the court looks at will be the level of immorality of the act, as well as the actual harm that the plaintiff suffered as a result of the defendant's conduct.

Nonetheless, in Temple, Texas, the law places limits on punitive damages. The U.S. Supreme Court has ruled various 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.

In general, punitive damages in Temple, Texas cannot be more than 10 times larger than the actual damages sustained by the plaintiff. Nonetheless, this is not an absolute rule, and appeals courts in Texas have upheld much larger awards, and found much smaller awards to be invalid. It's decided on a case-by-case basis.

How Can a Temple, Texas Attorney Help?

In Temple, 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 situations that can lead to a punitive damage award.

If you have been harmed in Temple, 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 Temple, Texas.

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Life in Temple

Temple is located in Bell County, Texas. Per the 2010 census it has a population of 66,102 people. The city holds the nickname "The Wildflower Capital of Texas." Going around the city, one will see an array of beautiful wildflowers.

The primary employer is the health care industry. There are medical students and physicians practically everywhere. Most of these individuals work at, or are trained in, the Veterans' Hospital Center, Scott White Memorial Hospital, and Texas AM Science Center College of Medicine.

There are small law offices that are well established and located in downtown Temple. These offices are run by well-experienced lawyers who prefer to have a personal interaction with their clients, and have grown tired of a big firm setting. Thus, residents and local businesses have very sharp and capable attorneys to cater to their legal needs.

Past famous residents include Frank W. Mayborn, Darren Trumeter, Lance Berkman, Brian Skinner, Rip Torn, Sammy Baugh, and Ted Poe.

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