Most personal injury cases seek compensatory damages for the losses a victim suffered in an accident. For example, after a car collision, many motorists are struggling with medical bills, car repair expenses, lost income, and other out-of-pocket expenses. In legal terms, these are “compensatory” damages.
Other compensatory damages are non-economic in nature, including pain and suffering damages and mental distress. Nonetheless, the goal of financial compensation for pain is the same: to make you whole.
Punitive damages have a different focus: to punish the defendant and deter others from committing bad acts. In Texas, certain personal injury victims can seek punitive damages from the defendant who injured them. Our Texas personal injury lawyer examines some of the key considerations involved with this category of damages. Call The Stano Law Firm if you have follow-up questions or want to discuss an accident. We can review whether you have a strong claim for compensation.
Why Does Texas Allow Punitive Damages?
The primary reason is to deter the defendant and other people from reprehensible conduct. Yes, Texas has a criminal justice system which can prosecute people for crimes. But personal injury law is also focused on deterrence.
In Texas, punitive damages are considered exemplary damages. (Texas Civil Practice & Remedies Code § 41.001(5).) If awarded, you get them in addition to your compensatory damages.
Who Can Receive Punitive Damages?
Most personal injury cases are brought for negligence. The person who injured you failed to use reasonable care and you were injured as a result. Under the law, compensatory damages are warranted when someone’s negligence leads to bodily injuries.
Punitive damages are available in only a small subset of cases. You can’t request them when the defendant was negligent. Instead, you can request punitive damages if you have “clear and convincing evidence” the defendant acted with:
- Malice—the specific intent to harm the victim; or
- Gross negligence—acting with conscious indifference to the safety of others or in such a way that creates extreme risk; or
- Fraud.
Our firm is most likely to seek punitive damages for personal injury clients when the defendant acted with malice or gross negligence. This type of conduct goes above and beyond mere negligence.
For example, a person who fails to use their turn signal has been merely negligent. They probably do no have to pay punitive damages. Instead, more blameworthy conduct is required.
What Are Examples of Malice or Gross Negligence?
We might request punitive damages in various situations:
- Drunk driving accidents—A drunk driver is consciously indifferent to the safety of other people when they get behind the wheel of a motor vehicle. The same is true if the driver has used drugs like cocaine or marijuana.
- Intentional torts—Anyone who intentionally hurts you has acted with malice and probably needs to pay punitive damages. An example is someone who deliberately strikes your car out of road rage.
- Ignoring obvious risks—A property owner might know that a defect on the premises has injured other people. Nonetheless, the owner refuses to fix it, thus endangering other people. This is a conscious indifference to the safety of others and probably warrants punitive damages.
Let our office review the facts. We need “clear and convincing” evidence, which is a high standard. Let’s talk about what happened and review any evidence you have in your possession.
Factors to Consider
A jury gets to decide whether you receive punitive damages. It’s something left to their discretion. Section 41.011 has some factors they shall consider:
- Defendant’s net worth;
- Nature of the wrong;
- Character of the defendant’s conduct;
- Defendant’s culpability;
- Whether the conduct offends the public’s sense of justice;
- The sensibilities of the parties and the overall situation.
Texas law is clear that the jury can consider a defendant’s net worth. Consequently, a wealthier client is more likely to pay punitive damages to whomever they hurt.
Are Punitive Damages Capped in Texas?
In many cases, yes. Section 41.008 lays out a complicated formula for determining the maximum punitive damages a personal injury victim can receive.
First, we need to understand your “economic” damages, which are part of the calculation. These are out-of-pocket economic losses for things like medical bills, car or motorcycle repairs, and lost wages or income. Economic damages are distinct from pain and suffering or mental distress, which are “non-economic” in nature.
Second, we plug these numbers into the formula. Texas caps your punitive damages as the greater of:
- $200,000; or
- Two times your economic damages plus your amount of non-economic damages, but not to exceed $750,000.
For example, imagine your economic damages are $10,000 and your non-economic damages are $30,000. Two times $10,000 is $20,000, plus $30,000 is equal to $50,000. But the law allows you to receive up to $200,000 in punitive damages, so that’s the maximum in this case. Of course, you might receive less than that—or none at all. But in this situation $200,000 would be the maximum.
Conversely, your economic damages might be $200,000 and your non-economic damages $400,000. In that case, two times $200,000 is $400,000, plus another $400,000. That gives you $800,000. But the maximum you can receive under the statute is $750,000 in punitive damages.
No Cap for Felonies
Texas suspends any cap on punitive damages if the defendant injured you by committing a felony. In most personal injury cases, these felonies are for:
- Aggravated assault
- Sexual assault
- Aggravated sexual assault
- Aggravated kidnapping
- Injury to a child, elderly person, or disabled individual
- Intoxication assault
- Intoxication manslaughter
Suppose the defendant sexually assaulted you. You can sue them for compensation., and because their conduct would qualify as a felony, there is no cap on your punitive damages.
Can You Request Punitive Damages?
Now that you understand the basics of the law, you probably want to know: “Can I request punitive damages?” The answer is “it depends.”
Let’s meet to discuss your accident. We have helped all sorts of people seek compensation following car wrecks, truck accidents, and other accidents. We know you are in pain. Our job is to win a fair settlement for your injuries.
Schedule a Free Consultation with Our Texas Personal Injury Attorneys Today!
The Stano Law Firm is happy to represent victims in and around Houston. Call us to schedule a free meeting with a Texas personal injury lawyer.