If you were seriously injured because of someone else’s reckless conduct in Texas, you may be entitled to more than compensation for your medical bills and lost wages. In certain cases, you may also qualify for punitive damages, known as exemplary damages under Texas law.
Texas allows exemplary damages when an injured person proves that the defendant’s conduct involved fraud, malice, or gross negligence. However, these awards are not available in every personal injury case and are subject to strict legal requirements.
At Gibson Hill Personal Injury, our Houston personal injury attorneys help accident victims identify potentially liable parties and pursue the compensation available under Texas law.
What Are Punitive (Exemplary) Damages in Texas?
Punitive damages are a type of financial award intended to punish particularly harmful conduct and discourage similar behavior. Unlike compensatory damages, punitive damages are not designed to reimburse victims for their losses.
Compensatory damages generally fall into two categories:
- Economic damages: Financial losses, including medical expenses, lost wages, and reduced earning capacity
- Non-economic damages: Personal losses, including pain and suffering, emotional distress, and loss of enjoyment of life
Exemplary damages serve a different purpose. They address the defendant’s misconduct rather than the financial or emotional impact of the injury. Under Texas Civil Practice and Remedies Code § 41.001, punitive and exemplary damages refer to the same type of award.
When Can You Recover Exemplary Damages in a Texas Personal Injury Case?
Under Texas Civil Practice and Remedies Code § 41.003, exemplary damages generally require clear and convincing evidence that the defendant’s conduct involved one of three factors:
- Gross negligence: Conduct involving an extreme degree of risk, viewed objectively, when the defendant was actually aware of the risk but proceeded with conscious indifference to the rights, safety, or welfare of others.
- Malice: A specific intent to cause substantial injury or harm.
- Fraud: Fraudulent conduct that meets the applicable legal requirements.
Ordinary negligence, such as a driver’s momentary lapse in attention, is generally insufficient to justify punitive damages.
For example, a truck driver who knowingly ignores a serious safety risk may face allegations of gross negligence, depending on the circumstances. However, proving that conduct meets Texas’s strict legal standard requires substantial evidence.
The attorneys at Gibson Hill Personal Injury can investigate the circumstances of an accident to determine whether the evidence supports a claim for exemplary damages.
What Types of Personal Injury Cases May Involve Punitive Damages?
Punitive damages may be available in several types of personal injury claims when the defendant’s conduct meets the required legal standard.
Examples include:
- Car accidents: Collisions involving especially reckless conduct, such as certain impaired driving incidents
- Truck accidents: Cases involving knowing disregard of serious safety hazards
- Oil field accidents: Incidents in which responsible parties consciously disregard extreme workplace risks
- Offshore injuries: Certain cases involving grossly negligent or intentional conduct, subject to applicable maritime law
- Nursing home abuse: Cases involving deliberate mistreatment or grossly negligent conduct
- Wrongful death: Fatal incidents involving misconduct that satisfies the applicable requirements
The type or severity of an accident does not automatically establish eligibility for punitive damages.
Gibson Hill Personal Injury evaluates the evidence, the defendant’s actions, and the laws governing each claim.
How Much Can You Recover in Punitive Damages in Texas?
Texas generally limits the amount of exemplary damages available in personal injury lawsuits.
Under Texas Civil Practice and Remedies Code § 41.008, the statutory cap is generally the greater of:
- Twice the amount of economic damages, plus an amount equal to noneconomic damages, not exceeding $750,000; or
- $200,000.
Certain exceptions apply, including cases involving specific criminal conduct identified in the statute. Constitutional restrictions may also limit an award.
The amount ultimately awarded depends on the evidence, the defendant’s misconduct, and the circumstances of the case.
Frequently Asked Questions
Can You Receive Punitive Damages for an Ordinary Car Accident?
Generally, no. Ordinary negligence alone does not justify exemplary damages in Texas. However, a car accident involving gross negligence, malice, or fraud may qualify if the required evidence supports the claim.
Can You Recover Punitive Damages Without Compensatory Damages?
Generally, no. Under Texas Civil Practice and Remedies Code § 41.004, exemplary damages ordinarily require an award of damages beyond nominal damages. Additional restrictions may apply.
Does a Jury Have to Agree on Punitive Damages?
Yes. When a jury decides a claim for exemplary damages in Texas, it must unanimously agree on both the defendant’s liability for those damages and the amount awarded. This requirement makes these claims more challenging than ordinary personal injury claims.
Contact Our Houston Personal Injury Attorneys at Gibson Hill Personal Injury for Help Today
If you suffered serious injuries because of someone else’s reckless or wrongful conduct, you may have grounds to pursue compensatory damages and, in certain circumstances, exemplary damages.
At Gibson Hill Personal Injury, our Houston personal injury lawyers understand the importance of holding negligent parties accountable. We investigate injury claims, evaluate available evidence, and fight for fair compensation from insurance companies and other responsible parties.
Contact our office today at 713-659-4000 to discuss your case and learn whether punitive damages may be available under Texas law.
