Punitive Damages 

When you’re involved in a personal injury case, you may hear the term “punitive damages” come up. These damages are not like compensatory damages, which are awarded to cover actual losses like medical bills and lost wages. Punitive damages are designed to punish the at-fault party for particularly reckless, malicious, or grossly negligent behavior. 

If you believe that the actions of the person or entity responsible for your injuries were egregious, it’s important to understand your legal options and what compensation may be available under Texas law. An experienced personal injury lawyer can explain what punitive damages are, how they work in Texas, and what factors could influence your case.

What Are Punitive Damages? 

Punitive damages are a form of financial compensation awarded to a plaintiff in a personal injury case. These damages go above and beyond what is necessary to compensate the plaintiff for actual losses. 

These damages are not meant to directly compensate the victim but to punish the defendant for extreme conduct and deter similar behavior in the future. Punitive damages are reserved for cases where the defendant’s actions were particularly harmful, showing a disregard for the safety or well-being of others. 

For instance, if someone causes a car accident while driving under the influence of alcohol, punitive damages could be awarded if the conduct is deemed grossly negligent. The goal is to make an example of the defendant to discourage such reckless actions from occurring in the future. 

Punitive Damages in Texas: Legal Standards

Texas law allows for the possibility of punitive damages, but only in certain circumstances. 

Under Texas law, punitive damages are only awarded when the defendant’s actions meet the following legal standards of gross negligence or malice: 

• Gross Negligence: This standard applies when the defendant’s actions demonstrate a conscious disregard for the safety of others. For example, a driver speeding in a school zone while distracted by their phone might be found grossly negligent if an accident occurs. 
• Malice: In cases of malice, the defendant’s actions are intentional and intended to harm others. An example would be an assault where the defendant knowingly and intentionally injured the victim. 

Punitive damages are not automatically awarded in all personal injury cases. They are only granted when the evidence shows that the defendant’s behavior was more than just negligent. The conduct at issue must be particularly harmful or outrageous. 

How Punitive Damages Are Calculated in Texas? 

In Texas, the amount of punitive damages awarded is not fixed. 

The court may consider a variety of factors when determining the amount, including: 

• The nature of the defendant’s conduct: The more reckless, malicious, or egregious the conduct, the higher the potential for punitive damages. For example, a drunk driving accident resulting in serious injuries or death may result in a higher award than a less severe accident. 
• The defendant’s financial situation: Courts will often consider the defendant’s financial resources when deciding on the amount of punitive damages. The goal is to make the punishment meaningful. The financial punishment must impact the defendant and deter future bad conduct. A larger corporation may face a higher punitive damage award than an individual. 
• The harm caused to the victim: The severity of the injuries or damages caused to the victim can also play a role in determining the amount of punitive damages. If the victim suffers long-term or life-changing injuries, this could influence the court’s decision. 

In Texas, punitive damages are capped. The maximum allowable punitive damage award is typically limited to either twice the amount of the victim’s compensatory damages or $750,000, whichever is greater. 

Examples of Cases Where Punitive Damages Are Awarded in Texas

Punitive damages are not awarded in every case. They are typically reserved for cases involving extreme conduct. 

Some common examples of cases where punitive damages may be awarded in Texas include: 

• Drunk Driving Accidents: A driver who causes a crash while under the influence of drugs or alcohol may be subject to punitive damages. Courts recognize the extreme recklessness of driving impaired, especially when it results in serious injury or wrongful death. 
• Product Liability Cases: If a manufacturer knowingly sells a dangerous product that causes harm, punitive damages may be awarded. This is particularly true when the manufacturer is aware of the risks but fails to take appropriate action. 
• Medical Malpractice: If a healthcare provider’s actions were grossly negligent, such as performing an unnecessary or dangerous procedure that causes harm to a patient, punitive damages could be awarded. 
• Assault or Intentional Torts: If someone intentionally injures another person, whether physically or emotionally, punitive damages may be available. 

If you’ve been injured by someone else’s wrongdoing, an experienced personal injury lawyer can explain whether you may receive punitive damages.

Contact McMinn Personal Injury Lawyers for a Free Consultation

If you’ve been injured due to someone else’s gross negligence or malicious actions, you may be eligible for punitive damages. At McMinn Personal Injury Lawyers, we will help you seek the justice and compensation you are entitled to. Don’t let a bad actor off the hook. Egregious actions should be punished under the law. Let us show you how.  

Contact us today at (512) 474-0222 to schedule a free consultation. Let us explain how punitive damages work under Texas law. We will assist you in pursuing the maximum compensation for your injuries. Our legal team is dedicated to protecting your rights and holding the responsible parties fully accountable under Texas law.