When you are injured by another person, you will naturally want to recover all the damages you are entitled to. You might wonder if you can claim punitive damages for your injuries in Texas.
Punitive or “exemplary” damages are a special type of compensation reserved for only the most egregious cases. These damages are not meant to compensate you, so they are not considered compensatory. Instead, they are reserved for claims where the court feels it needs to punish the defendant. If the defendant caused your injuries through an act of malice, fraud, or gross negligence, we can make a claim for punitive damages. Our team can also help you find the evidence you need to overcome the burden of proof for these damages to be awarded by the court.
For a free review of your case with our Dallas personal injury attorneys, call The Queenan Law Firm, P.C. at (817) 476-1797.
Can I Claim Punitive Damages in a Texas Injury Lawsuit?
One of the most common questions injury victims have is what damages they can claim in a Texas personal injury lawsuit. Most legal claims help to recover economic and non-economic damages, known as “compensatory” damages. These cover losses like medical expenses, lost income, and pain and suffering.
However, a court might also award “punitive” damages where the cause of the injuries was exceptional and went beyond mere negligence. Punitive damages are known as “exemplary” damages because they are not often awarded in an injury case. In fact, they are rare. According to Tex. Civ. Prac. & Rem. Code § 41.003(a), exemplary damages are only awarded in cases where the damages were caused by either fraud, malice, or gross negligence. Essentially, they are a special type of damages reserved as a punishment for certain defendants and intended to discourage others from behaving the same way in the future.
A court will also award exemplary damages only if you prove the defendant’s conduct by “clear and convincing” evidence, as per § 41.003(b). This is a higher standard of proof than what is necessary to recover basic compensatory damages. Fortunately, our Grapevine, TX personal injury attorneys can determine if your injuries were caused by egregious conduct and gather the evidence to overcome the burden of proof. The following will help you understand when you can sue for exemplary damages in Texas and how to prove it:
Gross Negligence
Most personal injury claims stem from ordinary negligence, which typically refers to the basic carelessness and simple mistakes reasonable people make every day. For example, a driver who runs a stop would usually be considered ordinary negligence.
Gross negligence, on the other hand, involves a higher degree of conscious misconduct. Instead of making a careless mistake, people guilty of gross negligence make a choice to disregard the safety of others.
To prove gross negligence, you must show that the act or failure to act involved an extreme degree of risk. The risk must be considered extreme from the objective standpoint of the defendant at the time of the act under § 41.001(11)(A). You must also prove that the defendant was subjectively aware of the risk involved and chose to act anyway with a conscious indifference to the safety of others, according to § 41.001(11)(B).
Drunk driving is a common example of gross negligence. Drunk drivers make a conscious choice to drive their vehicles while intoxicated. They know the dangers involved and disregard them anyway. If their indifference leads to an accident, exemplary damages will usually be awarded as a punishment.
Malice
You can also sue for exemplary damages if the defendant’s conduct showed “malice.” Under § 41.001(7), malice is defined as a specific intent to cause harm or substantial injury to the victim.
This is a broad definition that can include many types of acts. A defendant’s behavior does not necessarily need to rise to a criminal level to be considered malice. However, most criminal acts that cause direct harm to the victim can be used as a basis to claim malice in a civil lawsuit.
For instance, if you were injured during an assault or survived a shooting, you would likely get exemplary damages with clear and convincing evidence of the defendant’s malice.
Fraud
Exemplary damages will also be awarded in cases where fraud is proven. According to § 41.001(6), the fraud must not be constructive. This means that the defendant must make a knowingly false statement or materially misrepresented a fact intending to induce the plaintiff into taking action on the misrepresentation or false statement.
Fraud of this nature is common in contract disputes. However, you might claim fraud if you were injured by a defective product. If our lawyers can show that a designer or manufacturer knowingly sold a product that could injure customers and refuse to recall it or warn buyers of the defect, we can request exemplary damages for fraudulently selling a dangerous product.
The Burden of Proof
The “burden of proof” is the level of evidence necessary to establish the element you are seeking to prove. To prove that the defendant was grossly negligent, fraudulent, or malicious, your evidence will need to meet the “clear and convincing” standard.
This burden of proof is lower than the “beyond a reasonable doubt” standard used in criminal prosecutions but higher than what is necessary to prove ordinary negligence. To recover compensatory damages for ordinary negligence, you must prove the defendant’s conduct by a “preponderance of the evidence,” meaning it is more likely than not that they caused your damages.
To overcome the clear and convincing burden, you will need credible evidence that shows it is highly probable that the defendant is liable for fraud, malice, or gross negligence. The evidence you will need will depend on the type of claim you are filing.
In most cases, physical evidence will be helpful. If you have photographs or videos of your accident or injuries, they might contain details we can use to argue for exemplary damages. For instance, you might have photos of empty beer cans after a drunk driver injures you.
Witness testimony can also help overcome the higher standard of proof. Witnesses can provide alternative views that support your claims of gross negligence or malice. Perhaps several witnesses to your car accident saw the defendant swerving and speeding before the crash. Their testimony is often considered credible and can clearly show the defendant’s recklessness.
Are Punitive Damages Capped in Texas?
Unfortunately, Texas does limit the amount of exemplary damages you can get if awarded. Under § 41.008(b), exemplary damages cannot exceed $200,000 or two times your economic losses plus your award for non-economic damages not exceeding $750,000, whichever is higher.
Our Texas Personal Injury Attorneys Can Help Today
Contact The Queenan Law Firm, P.C. at (817) 476-1797 for a free case assessment with our Grand Prairie, TX personal injury attorneys.