What Are Punitive Damages in Texas?

Punitive damages are awarded in rare cases in Texas when the defendant’s behavior is so outrageous that the court wants to send a message and punish them. Here is what you need to know about how punitive damages may fit into your personal injury case in San Antonio, Texas.

Damages in Texas Personal Injury Cases

Most damages in Texas personal injury cases are compensatory damages, meaning they are intended to compensate the victim for the losses they incurred. Compensatory damages include economic damages and non-economic damages.

Economic damages represent losses with a direct financial impact, such as medical expenses or property damage. Non-economic damages represent more subjective losses that affect accident victims but don’t have a direct monetary figure associated with them, such as pain and suffering or mental anguish.

Punitive damages can also be awarded in Texas personal injury cases, but they are not intended to compensate victims.

Purpose of Punitive Damages

Punitive damages or exemplary damages are a special type of damages awarded in certain types of cases in Texas. Their purpose is to punish the defendant for particularly egregious behavior and to deter similar conduct in the future. Punitive damages are not awarded in every case, as they are reserved for rare cases that make the court want to send a message.

Eligibility for Punitive Damages

To recover exemplary damages in Texas, the case must involve severe misconduct that involves malice, fraud, or gross negligence. Ordinary negligence is not enough to get these damages.

Furthermore, the plaintiff must prove that the defendant’s conduct rose to the level with clear and convincing evidence, which is a higher burden of proof to meet than to substantiate the rest of a plaintiff’s case. Additionally, the jury must unanimously decide to award exemplary damages.

Some situations that may justify awarding exemplary damages in motor vehicle accidents in San Antonio could involve:

• Drunk driving crashes
• Dangerous vehicle designs or defects
• Commercial truck accidents caused by willful safety violations
• Crashes involving the violation of safety rules

How Much Are Punitive Damages Worth?

Juries consider various factors when awarding exemplary damages, including:

• The severity of the defendant’s conduct: Juries consider the defendant’s conduct and its severity, based on factors such as whether the behavior was reckless or intentional and the harm the plaintiff suffered.
• The defendant’s financial status: The jury can consider the wealth of the defendant and the financial award that would punish them fairly and effectively. This helps ensure that any awards are proportionate to available resources.

Punitive Damages Caps in Texas

Punitive damages in Texas generally cannot exceed the greater of two times the economic damages or losses, plus the non-economic damages, not to exceed $750,000 or $200,000. However, there are some exceptions to this rule, such as if the accident was caused by drunk driving and the defendant was found guilty of intoxication assault or intoxication manslaughter.

Contact Us Today for Your Free Case Review

If you would like to learn whether you are eligible for punitive damages in your case, contact The Aguirre Law Firm, PLLC today for a free, no-obligation consultation.