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What Are Punitive Damages in Texas?


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Punitive damages, also known as exemplary damages, are a type of financial penalty outlined in law. Specifically, within the Texas Civil Practice and Remedies Code §40.011(5), these damages serve as a punishment. They are not meant to reimburse the injured party for their losses but rather to penalize the wrongdoer.

As a top personal injury lawyer in Texas, I cover “What are punitive damages in Texas,” guiding you through the ins and outs of punitive damages in the Lone Star State, from understanding their purpose to the legal process and factors affecting their awards.

What are punitive damages in Texas?

Texas Punitive Damages Summary

  • Punitive damages in Texas are a form of civil punishment for gross negligence and severe misconduct.
  • The amount of punitive damages awarded is determined on a case-by-case basis, considering the severity of the defendant’s conduct and their financial standing.
  • Punitive damage lawyers play an important role in pursuing punitive damages through evidence-gathering strategies and settlement negotiations.

Understanding Punitive Damages in Texas

In Texas personal injury cases, exemplary damages, aka punitive damages, are given to punish a defendant for gross negligence or bad conduct. Punitive damages differ from compensatory ones, like pain and suffering, in that they do not try to make the plaintiff whole again but instead attempt to penalize the individual responsible and act as a deterrent to others engaging in similar behavior.

To receive these types of compensation after sustaining an injury, one must demonstrate that the person on trial has acted egregiously, considering any actual damages or financial losses, such as any lost wages due to this incident.

The magnitude of their misconduct plus actual damages will decide what amount of punitive monetary amount will be presented by the award.

The Purpose of Punitive Damages

In Texas civil practice, punitive damages are available to those injured due to gross negligence or malicious intent. Unlike most personal injury claims in the state, which typically involve compensatory damages, punitive awards provide an avenue for penalizing and discouraging egregious conduct.

To receive this type of award, plaintiffs must show proof that their harms were caused by fraudulence, malice, or extreme carelessness on behalf of the defendant. With strict standards around awarding these types of damages—and with punishments intended chiefly to serve deterrence purposes—punitive damage cases remain rare occurrences within legal proceedings throughout Texas.

Comparing Punitive and Compensatory Damages

In Texas, punitive damages are sought to punish a defendant for their wrongful conduct and act as an example that prevents similar actions. This higher threshold of evidence requires clear and convincing proof of fraud, malice, or gross negligence for the court to consider awarding such awards, thus ensuring they remain reserved only for extreme cases.

Meanwhile, compensatory or “actual” damages seek to compensate the plaintiff for their loss due to someone else’s negligence.

Eligibility for Punitive Damages in Texas Personal Injury Cases

In Texas personal injury cases, punitive damages can be awarded after establishing that the defendant has acted with gross negligence, malice, or fraud.

To obtain these penalties in a lawsuit involving such an issue, the plaintiff’s case must get a unanimous jury verdict, as this standard of proof ensures that justice will only be served if their conduct warrants punishment.

Criteria for Proving Gross Negligence

Gross negligence is an extreme neglect of duty that carries a high probability of harm to others. It involves the actor knowing, or being aware subjectively, about the hazardous risks present and still going ahead without considering any repercussions on safety, rights, or welfare for other parties.

To prove gross negligence in court proceedings, the evidence must show how the person – either by their words/statements made beforehand, actions taken before, or what they were personally familiar with regarding the risks with the conduct.

Evidence could be inferred from a lack of corrective measures even after learning about such dangers and disregarding accepted rules meant for protection and warnings if any were issued prior!

Demonstrating Malice or Fraud

To prove malice or fraud, it must be established that the defendant acted with a specific intent of causing significant harm. This refers to an intentional effort from the defender to inflict damage on another person.

For punitive damages cases in Texas, there needs to be proof demonstrating this type of intentionality by means such as documentation showing any malicious behavior conducted deliberately by the accused individual.

Any relevant statements made could also indicate their specific intent and should not go unnoticed when evaluating these types of claims for evidence.

When seeking punitive damages in Texas, a high burden of proof must be met, and the jury’s decision must be unanimous. It is up to the plaintiff to prove their case by providing enough evidence for compensatory damages awards.

A defendant can ask the court to bifurcate the case or split the case into two parts. Part one is the liability for the case, and part two is the questions about punitive damages and amount.

Burden of Proof: Clear and Convincing Evidence

Under the Texas legal system, an individual must prove with certainty that another party has committed gross negligence or intentional fraud to secure punitive damages.

This requires clear and convincing evidence which demonstrates beyond any reasonable doubt of fault on behalf of the defendant. Punitive damages are not easy to attain. As per Texas law, only if sufficient proof can be provided will such an award be upheld.

Unanimous Jury Verdict Requirement

In Texas, punitive damages are only awarded if all jurors come to a unanimous verdict. This prevents arbitrary or unreasonable amounts from being charged and indicates that all the jury members agree on how culpable the defendant is.

The unanimity requirement acts as an extra protection against excessive punishment in civil cases. This process preserves fairness when it comes to awarding punitive damages throughout Texas.

Awards are Specific to the Defendant

Section 41.006 requires any award of exemplary or punitive damages must be specific against a defendant. In other words, in a multiple party case, only the defendant guilty of acts subject to liability for punitive damages has to pay those damages.

Factors Affecting the Amount of Punitive Damages Awarded

When assessing the punitive damages allocated in Texas, elements like the graveness of the defendant’s behavior and financial situation are considered. The Texas Supreme Court strives to ensure that the penalties awarded match what they have done and have the desired effect. By evaluating such factors, they aim to guarantee that the punishments given out are proportionate.

Severity of Defendant’s Conduct

The amount of punitive damages given in Texas is determined by the degree to which a defendant’s misconduct was severe. The court considers numerous factors, such as intentionality and reckless behavior, when evaluating how grave their action might have been alongside any harm caused to the plaintiff.

Defendant’s Financial Status

To ensure that the awarded punitive damages are fair and effective, the court considers all aspects of a defendant’s financial situation. Doing so helps guarantee that judgment is handed down by providing penalties proportionate to available resources while retaining its essential purpose – deterring malicious behavior from occurring again in future cases.

Are There Caps on Punitive Damages in Texas?

Are there caps on punitive damages in Texas?

Yes, In Texas, caps on punitive damages are determined by law with some exclusions. Such punishment or exemplary damages cannot exceed the greater of two times the economic damages or losses plus the noneconomic damages not exceeding $750,000 or $200,000.

There are specific exceptions to the caps on punitive damages awarded in Texas covered under Section 41.008 (c)

. Those exceptions to the caps are mainly for criminal acts, such as sexual assault, intoxication assault, intoxication manslaughter, and other severe acts.

The Role of Personal Injury Attorneys in Pursuing Punitive Damages

Personal injury lawyers are vital in achieving punitive damages by assessing the case’s worth, amassing evidence, and constructing a convincing argument to pursue said punishment. They also facilitate settlement negotiations through their legal expertise.

If credible, the threat of a punitive damage award helps the personal injury lawyer negotiate for full damages and justice in the case.

Gathering Evidence

Attorneys must find clear and compelling evidence to satisfy the burden of proof for punitive damages. They employ numerous strategies, such as comprehensive investigations, expert testimony, and locating relevant documentation related to a case that serves as backing material for this specific type of damage award.

All these help build up enough persuasive data to make successful claims for plaintiffs who have experienced personal injury claims or incurred costs due to reckless behavior from another party with intentions beyond any normal foreseeable harm.

Negotiating Settlements

Skilled personal injury attorneys can leverage their negotiation abilities to ensure that their clients get the best possible outcome, including seeking punitive damages when applicable. They work diligently to obtain maximum compensation from a settlement.

Exemplary Damages Are Rare in Texas but Attainable

In Texas personal injury cases, punitive damages punish defendants for their gross negligence or malicious acts and deter any future similar behavior. The standards for getting punitive or exemplary damages are strict, yet for especially reckless or criminal behavior, one can get punitive damages in Texas.


What is an example of punitive damages in a Texas personal injury case?

Punitive damages with drunk drivers

One easy-to-understand example of reckless conduct or gross negligence is an adult becoming highly intoxicated and causing an accident that injures innocent people. Punitive damages are often sought after a DUI or DWI accident with injuries.

Punitive damages in 18 wheeler lawsuits

Another example is when a trucking company puts an out-of-service semi on the road, knowing it is dangerous and the rig’s condition causes a truck accident.

What justifies punitive damages?

Punitive damages are given out as punishment for defendants whose conduct can be seen to be grossly negligent, intentional, or malicious. These payments act as a deterrent against the specific defendant repeating their actions and prevent other potential parties from committing similar offenses.

What is the burden of proof for punitive damages?

The plaintiff must provide “clear and convincing” evidence to prove that punitive damages should be awarded.

What is the main purpose of punitive damages in Texas?

In Texas, punitive damages are imposed noneconomic damages for the purpose of dissuasion. They act as a deterrent to prevent gross negligence or malicious behavior by those who have committed wrongdoings through such conduct. Thus, these monetary sanctions sanction and punish individuals and deter others from similar actions to protect our community.

Contact the Punitive Damage Lawyer at Baumgartner Law Firm for Help

Call the preeminent rated personal injury lawyer at Baumgartner Law Firm at (281) 587-1111 for a free case evaluation, or text us by chat below.

Baumgartner Law Firm

6711 Cypress Creek Pkwy, Houston, TX, 77069

(281) 587-1111

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About Our Law Firm

Baumgartner Law Firm is a Houston personal injury law firm headed by Greg Baumgartner.

Our firm was established in 1985 and has helped thousands of injury victims get maximum compensation for their cases. If you have been injured in an accident in Houston, TX, contact us for a free, no-obligation consultation. (281) 587-1111.

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