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010203040506070809101112 2024 2023 2022

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McAllen Punitive Damages Lawyer | McAllen Exemplary Damages Attorney | McAllen Punishment Damages

When are Punitive Damages available in Texas?

Texas allows punitive damage awards in some factual situations and in some McAllen wrongful death lawsuits.

Although the goal of the law is generally to compensate plaintiffs for their injuries, a plaintiff may be awarded punitive damages as a way of punishing the defendant and preventing similar conduct in the future. In this regard, punitive damages are separate and distinct from compensatory damages, which compensate victims for financial losses suffered due to the defendant’s conduct.

However, punitive damages are not available in all McAllen, Texas cases. Punitive damages are only awarded when the defendant’s behavior was reckless, malicious, or intentional. Even in cases where these criteria are met, however, a court will not grant punitive damages as a matter of law. Instead, a jury may, at its discretion, decide on an award of punitive damages when they feel it is warranted by the egregiousness of the defendant’s actions.

McAllen Texas Punitive Damage Law

• 41.001 Definitions;
• 41.002 Applicability;
• 41.003 Standards for recovery of exemplary damages;
• 41.004 Factors precluding recovery;
• 41.005 Harm resulting from criminal act;
• 41.006 Award specific to defendant
• 41.007 Prejudgment interest;
• 41.008 Limitation on amount of recovery;
• 41.009 Bifurcated trial;
• 41.010 Considerations in making award;
• 41.0105 Evidence relating to amount of economic damages;
• 41.011 Evidence relating to amount of exemplary damages;
• 41.012 Jury instructions; and
• 41.013 Judicial review of award

If you have been seriously injured or, worse yet, lost a loved one in a wrongful death suit, contact an experienced McAllen wrongful death punitive damages lawyer today. Further information on wrongful death damages are available on the McAllen wrongful fatality attorney page.

Punitive damages may be available in some maritime injury and offshore injury cases when a Jones Act employer unreasonably denies maintenance and cure benefits.

Punitive damage lawyers in McAllen, Texas serve

Clients throughout Southern Texas, including Alamo, Alton, Citrus City, Combes, Doffing, Donna, Doolitte, Edcouch, Edinburg, Elsa, Granjeno, Harlingen, Hidalgo, La Horna, La Joya, La Villa, Lopezville, Lull, McAllen, Mercedes, Mission, Olivarez, Palmhurst, Palmview, Pharr, Progreso, Raymondville, San Juan, Sullivan City, Weslaco and other communities in Hidalgo County.