If you were injured in an accident caused by someone else’s negligence or wrongdoing, you might be entitled to compensation. While most personal injury claims focus on compensating victims for their financial losses, there are cases where Texas law allows for additional damages known as punitive damages. These damages are meant to punish the wrongdoer for especially reckless or intentional conduct and deter similar behavior in the future.
Punitive damages are rare and awarded only in specific circumstances, but they can significantly increase the value of a personal injury claim. To recover punitive damages, certain legal requirements must be met, and the process can be complex.
What Are Punitive Damages?
Punitive damages, also known as exemplary damages in Texas, are designed to punish the defendant rather than compensate the plaintiff. They are awarded in cases where the defendant’s conduct is more than just negligent — it must involve gross negligence, fraud, or malicious intent.
In Texas, punitive damages are separate from compensatory damages. While compensatory damages are meant to make the victim “whole” by covering financial losses and other hardships, punitive damages serve as a deterrent to prevent the defendant and others from engaging in similarly harmful behavior in the future.
Types of Compensatory Damages in Texas
Before diving deeper into punitive damages, it’s important to understand the primary types of compensatory damages available in personal injury cases. These damages include:
- Economic Damages: These cover measurable financial losses like medical expenses, lost wages, and property damage.
- Non-Economic Damages: These are intended to compensate for subjective losses, such as pain and suffering, emotional distress, and loss of enjoyment of life.
Compensatory damages are awarded in most personal injury cases, but punitive damages require a higher burden of proof and are only available under specific conditions.
How Are Punitive Damages Proven in Texas?
In Texas, the burden of proof for punitive damages is much higher than for compensatory damages. Typically, personal injury claims require plaintiffs to prove their case by a “preponderance of the evidence,” meaning it’s more likely than not that the defendant is responsible. However, to obtain punitive damages, plaintiffs must present “clear and convincing evidence.”
Clear and convincing evidence means that the plaintiff’s proof must leave little doubt that the defendant acted egregiously. In other words, the defendant must have knowingly acted in a way that showed a reckless disregard for the safety of others.
For example, a drunk driving accident might qualify for punitive damages if the defendant had a history of DUI offenses. In such a case, their actions go beyond ordinary negligence and into the realm of gross negligence.
Legal Caps on Punitive Damages in Texas
Texas law places certain limits, or caps, on the amount of punitive damages a plaintiff can recover. These caps are designed to prevent excessive or unreasonable damage awards.
Under Texas law, punitive damages are capped at the greater of:
- $200,000 or
- Two times the amount of economic damages plus an amount equal to non-economic damages, up to $750,000.
For instance, if a plaintiff is awarded $500,000 in economic damages and $300,000 in non-economic damages, the punitive damages cap would be calculated as follows:
- Two times economic damages = $1,000,000
- Non-economic damages (up to $750,000) = $300,000
- Total cap = $1,300,000
In this case, punitive damages cannot exceed $1,300,000. However, the actual amount awarded will depend on the specifics of the case and the jury’s decision.
Examples of Punitive Damages in Texas
Punitive damages are not awarded in every case. The defendant’s actions must be extreme, reckless, or intentional. Some examples of cases that may result in punitive damages include:
- Drunk driving accidents: If the defendant had a history of DUI offenses or an extremely high BAC.
- Defective product cases: If a manufacturer knowingly sold a dangerous product despite being aware of potential risks.
- Workplace accidents: If an employer violated safety regulations or knowingly exposed employees to dangerous conditions.
These cases typically involve evidence that the defendant acted beyond a level of mere carelessness. The case must also reach trial for punitive damages to be available.
If you’ve been harmed by someone else’s actions in Lumberton, TX, contact an experienced Lumberton personal injury lawyer today at 409-207-9672 for a free consultation.