Punitive damages can be awarded in Texas personal injury cases, but only in certain situations. Texas law gives juries the discretion to order punitive damages when a defendant’s behavior is so extreme and outrageous that it warrants punishment.
If you’ve been hurt in an accident or because of an act of criminal violence in Texas, an experienced personal injury lawyer in Round Rock can help you advocate for punitive damages if your lawsuit gets to trial.
What Are Punitive Damages?
In Texas, punitive damages are a type of exemplary award. Texas law defines exemplary damages as “any damages awarded as a penalty or by way of punishment but not for compensatory purposes,” which includes punitive damages.
Under Texas Civil Practice & Remedies Code Sec. 41.003, exemplary damages can be awarded “only if the claimant proves by clear and convincing evidence that the harm with respect to which the claimant seeks recovery of exemplary damages results from:
- Fraud,
- Malice, or
- Gross negligence.”
Fraud means that the defendant intended to deceive the plaintiff. For example, a pharmaceutical company might be ordered to pay punitive damages if it concealed evidence showing that a drug was unsafe but intentionally marketed the drug as safe. A personal injury attorney can help uncover such evidence during the discovery process.
Malice means that the defendant acted with a specific intent to cause harm. Often, victims of intentional torts like assault or sexual assault can recover punitive damages because the defendant in those torts intended to cause harm.
Gross negligence involves actions that exhibit a conscious disregard for another’s safety that created an extreme degree of risk. For example, a drunk driver might be ordered to pay punitive damages if their blood alcohol concentration (BAC) was well above the legal limit and they caused a car accident in which another person was catastrophically injured or killed.
In these cases, a personal injury lawyer is essential for demonstrating the defendant’s reckless disregard for life.
What’s the Burden of Proof For Punitive Damages in Texas?
Punitive damages can only be awarded if a personal injury lawsuit goes to trial. The plaintiff, when seeking punitive damages, carries the burden of proof.
The burden of proof for punitive damages is much higher than for compensatory damages, which is by a preponderance of the evidence. A jury must be compelled by clear and convincing evidence, which generally means that a claim is highly likely to be true.
Working with a skilled Round Rock personal injury attorney ensures your case is presented with the necessary level of evidence to meet this high legal standard.
Are Punitive Damages Capped in Texas?
Yes, punitive damages are limited by Texas state law. Pursuant to Section 41.008 of the Texas Civil Code, exemplary damage, including punitive damages, cannot be greater than:
- Two times the value of economic damages plus an equal amount of non-economic damages not exceeding $750,000, or
- $200,000.
A jury must be unanimous when ordering a defendant to pay punitive damages as punishment in a personal injury lawsuit in Texas.
Punitive damages are only awarded when a lawsuit goes to trial, so it’s important to hire a personal injury lawyer who’s ready and willing to go to court to fight for every cent you deserve.
Don’t hesitate to contact the award-winning Round Rock personal injury attorneys from Dow Law Firm to learn more and schedule a free consultation.