Suing for Punitive Damages in The Woodlands

Find the right Litigation attorney in The Woodlands, TX

Litigation Lawyers in The Woodlands

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

Courts in The Woodlands, Texas do not grant punitive damages in most cases. The civil litigation system is geared against granting 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 similar misconduct outweighs the civil justice system's preference against punitive damages.

Conduct that can give rise to punitive damages in The Woodlands, Texas

The vast majority of personal injury lawsuits in The Woodlands, 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 The Woodlands, Texas.

In The Woodlands, 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 The Woodlands, 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.

However, in The Woodlands, Texas, the law places limits on punitive damages. The U.S. Supreme Court has ruled many 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 The Woodlands, 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 determine them based on the facts of each case. Because of this, punitive damage awards larger than 10 times compensatory damages are sometimes upheld, while much smaller awards have been overturned, because they were deemed excessive in a particular case.

How Can a The Woodlands, Texas Attorney Help?

In The Woodlands, Texas, there are a virtually unlimited number of situtations in which punitive damages can be awarded.

If you live in The Woodlands, Texas and are immersed in a case that you believe carries the possibility of a punitive damage award, you may be entitled to a large amount of money from the person or company that harmed you. To know for sure, you should speak with a civil litigation attorney in The Woodlands, Texas.

Talk to a Law Attorney now!

Life in The Woodlands

The Woodlands is a community located in Texas. It is within the Houston-Sugar Land-Baytown metropolitan area. Per the 2010 census, its reported population is 93,847 people. Specifically, this area is located 32 miles north from Houston.

Top employers include Chevron Phillips, Anadarko Petroleum Corporation, Baker Hughs, CBI, Hewitt Associates, Maersk Line, and Safmarine.

The legal industry also has a presence in the area because many attorneys call The Woodlands home. Also, with the area being so near Houston, residents and local businesses have access to the top-tier law firms and excellent attorneys that practice in the Houston area.

Celebrities who have once called The Woodlands home include Torrie Wilsom, Laura Wilkinson, Peter Stroud, Nick Mitchell, Larry Izzo, Jack Ingram, Hayes Carll, Michael Glyn Brown and Lance Blanks.

Clients Rate LegalMatch Attorneys
(click to read reviews)

Howard B.
Howard B.

Business - Litigation

Rye Brook, NY

Mark B.
Mark B.

Business - Litigation

Roseland, NJ

David A.
David A.

Business - Litigation

Walnut Creek, CA