In general, the money you receive from a personal injury lawsuit is meant to compensate for what you’ve lost due to your injuries, such as medical bills, lost wages, lower quality of life, and pain and suffering. But in certain cases, you can ask for additional damages to punish the party who injured you for their severe negligence or misconduct. This type of compensation is known as exemplary or punitive damages.
Punitive damages are hard to obtain in a Texas personal injury case, but not impossible. There are specific requirements you need to meet to be eligible. The experienced Texas personal injury lawyers at The Wilhite Law Firm can take your case to court and help you hold the person who hurt you accountable for their negligence. To learn more about how punitive damages work in Texas, contact our office today for a free consultation.
How Do I Pursue Exemplary Damages?
According to Texas law, exemplary or punitive damages are additional damages awarded in a personal injury case to punish a defendant and prevent the behavior in the future. Punitive damages are separate from compensatory damages, which are meant to repay you for your physical injuries, emotional distress, and financial losses from an accident.
To recover punitive damages after an accident, you must take a personal injury lawsuit to trial. The jury must be unanimous when deciding the defendant’s liability and the amount of compensation to be awarded. This matters because most personal injury cases end in a settlement, and you cannot recover punitive damages in a settlement.
What Must Be Proven to Receive Punitive Damages in Texas?
To receive punitive damages, a plaintiff must first prove that the defendant was negligent. Essentially, this means showing the defendant failed to take reasonable steps to avoid injuring the plaintiff and that their actions caused the plaintiff’s injuries. This is the basic standard of proof to recover any compensation in a personal injury lawsuit.
Once a plaintiff has established baseline negligence on the part of a defendant, they can then make their case for punitive damages. To recover punitive damages on top of compensatory damages, the plaintiff must provide clear proof their injuries resulted from fraud, malice, or gross negligence by the defendant.
For example, drunk driving could be seen as a form of gross negligence. Driving while impaired is widely known to present a significant risk of injury to other drivers. This can be taken as a sign that the defendant acted without consideration for the safety of other people.
What Is the Burden of Proof for Punitive Damages in Texas?
The standard for recovering punitive damages in Texas requires clear and convincing evidence that the plaintiff’s injuries resulted from the defendant’s fraud, malice, or gross negligence. Clear and convincing evidence is a slightly higher standard of proof than is typical in personal injury cases.
Fraud, malice, and gross negligence all have specific meanings in the context of a personal injury lawsuit:
- Fraud — Fraud refers to any type of intentional deception meant to deprive someone of money.
- Malice — When the defendant had a specific intent to harm the plaintiff, it’s considered malice.
- Gross negligence — For gross negligence, the defendant must have been aware of the extreme risks involved but still acted in a way that did not consider the rights, safety, and welfare of others.
Which Side Has the Burden of Proof for Punitive Damages?
The plaintiff has the burden of proof when it comes to recovering punitive damages in a personal injury lawsuit. They must prove the defendant was negligent, which is the baseline standard for recovering any compensation in a personal injury claim. However, the plaintiff must also meet the additional standards required to obtain punitive damages.
Because recovering punitive damages requires so much extra work, getting help from an experienced personal injury attorney is essential. Otherwise, you will have difficulty meeting the strict standards required to seek punitive damages for your injuries.
How Much Might I Recover in Punitive Damages?
How much you could receive in punitive damages is determined by the jury at trial, who will consider factors such as the following:
- The specifics of the incident
- The defendant’s character
- How responsible the defendant is for your injuries
- How severe the defendant’s actions were
- The defendant’s net worth
An experienced attorney can advise you on whether it’s in your best interests to accept a settlement or take your case to trial to pursue additional damages.
Is There a Cap on Punitive Damages in Texas?
Texas does place caps on punitive damages in personal injury lawsuits. The maximum amount a plaintiff can receive in punitive damages is either $200,000 or $750,000, depending on how much compensatory damages the plaintiff received.
Is There a Time Limit to Recover Punitive Damages?
Since you must file a personal injury lawsuit to recover punitive damages, you are restricted by Texas’ statute of limitations. In most cases, you only have two years to file a lawsuit before you lose the right to pursue compensation. Because of this, it’s important to get in touch with a lawyer as soon as possible so they can get to work on your case.
Contact a Personal Injury Attorney in Texas Today
Texas’ laws on punitive damages are complicated. But the personal injury lawyers at The Wilhite Law Firm are happy to answer whatever questions you have. Contact us today for a free case review.
