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(281) 587-1111
(281) 587-1111
(281) 587-1111
May 31, 2025 by Greg Baumgartner
After a horrific truck accident, you may be left wondering how you’re going to cope with not only your physical injuries, but also the emotional and financial strain it brings. Whereas the compensatory damages are meant to cover your tangible losses, the punitive damages have a different purpose, punishing egregious behavior and discouraging such behavior in the future.
Compensatory damages are intended to put you back in the position you were in before your injuries. They include medical bills, lost income, and pain and suffering caused by the accident. In tragic situations where a loved one is lost, wrongful death and survival claims can award damages for the loss of companionship for the family and the decedent’s pain and suffering before death due to a trucking incident.
These damages may also include the cost of funerals and the loss of future earnings that the deceased would have made. A Houston truck accident attorney can put a value on such losses and ensure all avenues of compensation are explored.
Punitive damages or exemplary damages are not given in every case. To be eligible, you must prove that the defendant acted with malice, gross negligence, or fraud. Malice is a specific intent to cause serious harm, and gross negligence is a disregard of the safety of others. Fraud involves deliberate deceit for one’s benefit, often in situations like a truck accident.
Texas law has a high threshold for punitive damages. You must present clear and convincing evidence—a standard that necessitates a firm belief in the truth of the allegations. Furthermore, Texas Civil Practice and Remedies Code § 41.008 places caps on punitive damages. The greater of $200,000 or two times the amount of economic damages, plus an amount equal to non-economic damages not to exceed $750,000. In cases like truck accidents, knowing legal restrictions is crucial.
However, these caps do not apply if the defendant’s conduct involves some felonies, such as intoxication manslaughter or aggravated assault. It is important to note that these restrictions aim to prevent too many punitive awards but also emphasize the need for a strong legal strategy in truck accident cases.
Huge punitive damage awards can have profound implications for the trucking industry. For example, in a landmark case, a jury awarded $462 million in damages, including $450 million in punitive damages, to the family of a man killed in a truck accident involving a trailer manufacturer.
Such verdicts have caused higher insurance rates and even driven some carriers to bankruptcy. Such outcomes emphasize the necessity to hold negligent parties responsible not only for the sake of individual victims but also to ensure safer practices in the industry following truck accidents.
It is only through the help of competent legal representation that one can navigate the intricacies of punitive damages. A skilled lawyer can assist you in collecting the required evidence, fulfilling the strict legal requirements, and fighting for you in court after a truck accident. When armed with the proper guidance, you can receive maximum compensation and make negligent parties answer for their actions.
Although seeking punitive damages in Texas truck accident cases is difficult, it is not impossible. Knowing the legal criteria and getting an experienced attorney can be a game-changer in your quest for justice after a truck accident.
Contact the Houston personal injury law firm of Baumgartner Law Firm at (281) 587-1111.
Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, TX, 77069
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Featured Image Source: https://www.pexels.com/photo/fuel-truck-9739039/
Since establishing Baumgartner Law Firm in 1985, Greg Baumgartner has built a reputation as one of Houston’s leading personal injury attorneys, dedicated to representing severely injured victims and families who have lost loved ones due to negligence.
Greg holds two law degrees, a distinction earned by less than 1% of all attorneys, demonstrating his exceptional legal expertise. He is also a prestigious Trial Lawyers College graduate, further enhancing his skills in trial advocacy and litigation.
His relentless commitment to legal excellence and client advocacy has earned him recognition from prestigious organizations, including Super Lawyers, the Top 100 Trial Lawyers, and many others.
With decades of experience, Greg has consistently received top peer reviews. He holds a preeminent rating, a testament to his unwavering dedication to securing justice and maximum compensation for his clients.
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