When Can You Get Punitive Damages in a Personal Injury Claim in Texas?
Were you injured in an accident in Texas? You have the right to seek compensation for the full value of your damages, including non-economic losses. Your compensation will be linked to your actual damages related to the accident. However, in some limited circumstances, injured victims in Texas can also pursue compensation for punitive damages. In this article, our Houston personal injury lawyer provides an overview of the key things to know about punitive damages in Texas.
What are Punitive Damages?
In Texas, punitive damages are a special category of monetary awards intended to punish a defendant for extreme misconduct rather than compensate the victim for losses. They apply only when the plaintiff proves fraud, malice, or gross negligence.
Know the Law on Punitive Damages in Texas
Punitive damages (referred to as exemplary damages in Texas) are not tied to the victim’s actual losses. They are designed to punish particularly egregious conduct and deter similar behavior in the future. Under Texas Civil Practice and Remedies Code § 41.001, sets a strict threshold: the plaintiff must prove by clear and convincing evidence that the harm resulted from “fraud,” “malice,” or gross negligence. It is an evidentiary standard that is higher than the ordinary preponderance requirement used in most civil claims. Most personal injury cases do not qualify.
Gross negligence has a precise legal meaning in Texas. The plaintiff must show that the defendant’s conduct involved an extreme degree of risk and that the defendant acted with actual, subjective awareness of the risk but proceeded anyway. For example, imagine that you were hurt in a crash with a drunk driver. Punitive damages could potentially (but not automatically) be recoverable on the grounds that intoxicated driving is gross negligence instead of ordinary negligence.
There are Statutory Limits on Punitive Damages in Texas
Texas imposes strict caps on punitive damages. Under Texas Civil Practice and Remedies Code § 41.008, exemplary damages are limited to the greater of:
- Two times the amount of economic damages plus an amount equal to non-economic damages up to $750,000, or
- $200,000.
To be clear, these caps do not apply in cases involving certain criminal acts, such as murder or aggravated assault. However, they apply in most personal injury claims. Courts strictly enforce these limits. Even when a jury awards a higher amount, the trial court will reduce the judgment to the statutory maximum. Still, punitive damages could provide important additional financial compensation to an injured victim in some cases.
Call Our Houston, TX Personal Injury Lawyer Today
At Henrietta Ezeoke Law Firm, our Houston personal injury attorney is an aggressive, experienced advocate for justice. We are always ready to go the extra mile for victims and their families. If you have any questions about punitive damages, please call us now or contact us online for your free, no obligation initial case review. We represent injured victims throughout all of Southeast Texas.
Source:
statutes.capitol.texas.gov/docs/cp/htm/cp.41.htm
