In Texas, the civil justice system provides a means of becoming whole again to injured accident victims. By filing a personal injury claim in Laredo, you can seek financial compensation for your related bills and losses. An additional form of compensation known as punitive damages may also be available, depending on the circumstances of your case.
What Are Punitive Damages?
Punitive damages – also known as “exemplary damages” in Texas – are defined in Texas Civil Practice and Remedies Code § 41.001 as “any damages awarded as a penalty or by way of punishment but not for compensatory purposes. Exemplary damages are neither economic nor non-economic damages.”
The most common type of damages in a Texas personal injury case is compensatory, which are meant to compensate a victim for losses suffered. Common compensatory damages are medical bills, lost wages, property damage, and pain and suffering. Punitive damages, on the other hand, are awarded strictly to punish a defendant or accused party for wrongful acts.
When Are Punitive Damages Awarded in Texas?
In Texas, punitive damages are only awarded in special cases where they are warranted based on the defendant’s actions. They are not awarded to help the victim directly; rather, they are a punishment for bad behavior by a defendant that resulted in serious injuries or deaths.
Texas law (§ 41.003) states that exemplary damages can be awarded 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: a knowing or intentional misrepresentation of fact with the goal of deceiving another person.
- Malice: specific intent by the defendant to cause substantial injury or harm to the plaintiff.
- Gross negligence: an extreme degree of negligence (lack of care) when the defendant had actual knowledge of a foreseeable risk of harm.
A judge may award exemplary damages if he or she finds it appropriate to penalize a defendant for especially egregious acts of wrongdoing, such as gross negligence or a wanton disregard for the safety of others. Punitive damages can also be awarded as a method of warning others in the community to avoid similar acts of wrongdoing in the future.
Are Punitive Damages Capped in Texas?
Yes. Texas imposes a cap or limit on the amount of punitive damages that can be awarded in a personal injury case. This cap is the greater of $200,000 or twice the total amount of economic damages awarded plus an equal amount of non-economic damages (capped at a total of $750,000).
How to Seek Punitive Damages During Your Texas Personal Injury Case
To receive punitive damages in your Texas personal injury case, you must meet the burden of proof that is placed on the plaintiff. You must prove the required elements of an exemplary damage claim by “clear and convincing evidence.” This is a greater burden than the rest of a personal injury case (“based on a preponderance of the evidence”).
Evidence to support a punitive damage claim may include a police report, arrest records if the defendant was charged with a crime in connection with the incident, eyewitness accounts, character witness statements, text messages or emails, company records, and expert testimony.
A jury must unanimously vote to award a claimant punitive damages in Texas. If you wish to hold a defendant in Texas accountable for malice, intentional acts of wrongdoing or a reckless disregard for your safety, improve your chances of achieving punitive damages by hiring an experienced Laredo accident attorney to represent you.