Punitive DamageLAWYER in Houston
If you have been injured in an auto accident or lost a family member in a wrongful death incident, you may wonder whether punitive damages apply to your case. Punitive damages are also called exemplary damages and are controlled mainly by statute within the state of Texas and case law. This type of claim stems from bad conduct, such as a drunk driver or a company that intentionally ignores safety rules causing an accident or fatality.
We have vast experience getting punitive damages after a serious injury or fatal accident.
If you have questions – talk with a preeminent rated punitive damage lawyer for answers- (281) 587-1111 or fill out a case consultation request!
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Bifurcation of the trial on punitive damages
Texas provides a procedure where the trial can be split into two separate parts to keep a jury from hearing net worth testimony that may impact the liability determination. If the defendant elects to bifurcate the trial, they must file a motion before the jury selection or as otherwise ordered by a court in a pretrial order. Upon the motion of any defendant, the bifurcation must occur.
If a defendant elects to split the trial, the first portion of the trial is to determine liability for actual and exemplary damages and the number of actual damages. If the responsibility for exemplary damages is established in the first portion of the trial. The second portion of the trial will include the awarding of exemplary damages.
Frequently, defendants elect to engage in serious settlement discussions after positive findings in the first portion of the trial.
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