Suing for Punitive Damages in Wichita Falls

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Litigation Lawyers in Wichita Falls

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

Courts in Wichita Falls, 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 Wichita Falls, Texas

Typically personal injury cases in Wichita Falls, Texas involve injuries that the defendant did not intend to cause, but was still at fault in causing them (through negligence, for instance). In Wichita Falls, Texas, this is not enough to justify the award of punitive damages.

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

It's crucial to know that punitive damages in Wichita Falls, 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 sustained by the plaintiff. Grossly excessive punitive damage awards are unconstitutional, the Supreme Court has held, because they amount to the government acquiring property from the defendant without due process of law.

Usually, in Wichita Falls, Texas, punitive damage awards that exceed the actual damages (those awarded to directly compensate the plaintiff) by a factor of 10. This is not an absolute rule, nonetheless, and is applied on a case-by-case basis. Courts in Texas have found much smaller awards to be invalid, and upheld much larger awards.

How Can a Wichita Falls, Texas Attorney Help?

In Wichita Falls, 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 Wichita Falls, Texas that you believe might entitle you to punitive damages, a lot of money could be at stake. Thus, if you want to pursue your legal remedies, you should see a Wichita Falls, Texas civil litigation attorney as soon as possible.

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Life in Wichita Falls

Wichita Falls is a city located in Wichita County, Texas. Per the 2010 census its reported population is 104,553. The city is known because it is home to the "World's Largest Skyscraper." Another popular site is the Sheppard Air Force Base.

Wichita is home to many attorneys who work in surrounding cities at mid to large size firms, as well as well-experienced attorneys who have established local law offices. Therefore, the legal force in Wichita Falls is well-experienced and offers services in a variety of legal areas. Attorneys who have the larger firm experience are excellent at handling multiple legal matters efficiently. Whereas the attorneys who have established their small law offices excel in providing clients with personalized legal services. Residents and local businesses have access to attorneys with both characteristics and are therefore very blessed.

Famous residents (past and present) include Greyson Chance, Don Cherry, Phyllis Coates, Paul Eggers, Eddie Hill, Khari Long, Bill McDonald, Llyod Ruby, Bernard Scott, Nathan Vasher and Dave Willis.

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