Suing for Punitive Damages in Tyler

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Litigation Lawyers in Tyler

In Tyler, 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 Tyler, 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 Tyler, 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 Tyler, Texas

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

Punitive damages in Tyler, Texas are not granted in many cases. They are only awarded when the defendant's actions was so deplorable and deliberate (but not necessarily criminal) that punishment is warranted. Fraud, battery, conversion (theft) and other intentional, insidious acts are usually required before punitive damages in Tyler, Texas will be considered. Additionally, in deciding how much to award in punitive damages, a court will consider 2 main factors: the insidious nature of the defendant's conduct, and the actual harm that the plaintiff suffered as a result.

However, in Tyler, 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.

In general, punitive damages in Tyler, Texas cannot be more than 10 times larger than the actual damages suffered by the plaintiff. However, 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 determined on a case-by-case basis.

How Can a Tyler, Texas Attorney Help?

The law of Tyler, Texas doesn't lay out many strict conditions which are required before punitive damages can be granted. Instead, it largely leaves it to the discretion of the courts. So, there are many situations where they might be awarded.

If you live in Tyler, 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 Tyler, Texas.

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Life in Tyler

Tyler is located in Smith County, Texas. Its nickname is the "Rose Capital of the Nation" because the city has so many rose bushes everywhere! It is also home to America's largest rose garden. The city also annually hosts the Texas Rose Festival, an event that celebrates rose-growing industries. There is also a Rose Museum that is a popular tourist attraction.

Top employers include Trinity Mother Frances Health System, Brookshire Grocery Company, Trane Company, Carrier Corporation, Suddenlink, Tyler Junior College, The University of Texas at Tyler and East Texas Medical Center. Tyler is also home to many attorneys who have established law offices. Thus, the legal needs of residents and businesses will always be met

All in all, Tyler is a quaint city that offers small-town charm and a lovely hospitable, community-like feel.

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