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What Are Punitive Damages in Personal Injury Cases?
If you get injured in an accident that wasn’t your fault, you have a legal right to bring a personal injury claim against the at-fault party. Generally, you can seek two type of compensation, namely economic and non-economic damages, which fall under the broad category of compensatory damages. These compensate you for the direct losses associated with the accident, for example, medical expenses and loss of work.
The Pelaez Law Firm Crash Angels add that you could also recover another category of damages, known as punitive damages, depending on the circumstances of the accident. Also known as exemplary damages, punitive damages are granted to punish the person responsible for the accident for their gross negligence. They are also awarded to warn other people not to behave similarly in the future.
Elements of Punitive Damages
Under Texas law, courts can award punitive damages if you demonstrate by clear and convincing evidence that you suffered harm due to the defendant’s gross negligence, fraud, or malice. Personal injury lawyers in San Antonio can help you prove the following depending on the circumstances of your personal injury case:
- Malice is the intentional will to commit an unlawful act to cause substantial harm. In proving your case, you must establish that the defendant was intentional about causing you significant harm and demonstrate the specific intent, for example in a cause of assault.
- Gross negligence is an act based on a reckless disregard for the safety of others and involves a high level of risk of causing significant harm to others. If your case is based on gross negligence, you must demonstrate that the defendant’s conduct posed an extreme risk that they were aware of but still committed the action, for example, drunk driving.
When Are Punitive Damages Awarded in Texas Cases?
The personal injury lawyers at Pelaez Law Firm say that exemplary damages are not always available in personal injury cases. Instead, Section 41.003 of the Texas Civil Practices and Remedies Code states the requirements that must be met before a court can grant punitive damages.
You must demonstrate through clear and convincing evidence that the harm you suffered was due to gross negligence or malice by the person that caused your injuries. Additionally, the jury must determine the defendant was responsible for your injuries and agree on a considerable amount of punitive damages to award.
When you seek punitive damages in a personal injury claim, you don’t have to prove that the defendant intended to hurt you. However, you must show that they were aware of the risk and still went ahead and took action that led to the harm. Examples of personal injury claims in which a court can award punitive damages are:
- Car accident cases involving drunk driving
- Cases in which employers intentionally violate or ignore safety measures and expose employees to hazardous conditions, resulting in severe injury or death
- Medical malpractice cases in which the healthcare provider’s conduct entails more than mere negligence and involves intentional reckless disregard for patient safety
- Product liability is caused by a manufacturer’s deliberate distribution of a dangerous product without proper warnings.
What Evidence Do Courts Consider When Determining Punitive Damages Amount?
The Crash Angels, Texas personal injury lawyers highlight that courts must evaluate several factors when deciding the amount of punitive damages to award:
- The nature of the wrongful act committed by the defendant
- The character and reputation of the defendant
- The defendant’s degree of culpability
- The circumstances and sensibilities of the parties involved
- The defendant’s net worth
- The severity of the wrongful act and the extent to which it offends the public’s sense of decency and justice
With the help of skilled personal injury attorneys in Texas, you can request evidence of the defendant’s net worth. Nonetheless, the defendant could ask the court to conceal this information until you can prove why you’re eligible for punitive damages. Given the complexity involved, working with a legal team that can navigate such claims is crucial.
Does Texas Law Impose a Cap on Punitive Damages?
Punitive damages are not unlimited, as Texas law limits the amount you can recover to prevent excessive awards. Generally, the cap is set at the greater of double the economic damages and the non-economic damages (up to $750,000) or $200,000. The limitation provides a balance between the need for punishment and fairness.
Obtaining punitive damages in Texas is often complex because of the strict eligibility requirements. You have a higher burden of proof when claiming punitive damages than others. While compensatory damages only require a preponderance of evidence, punitive damages require clear and convincing evidence of gross misconduct by the defendant.
Besides, you can only claim punitive damages if you recover nominal damages or if your recovery has been multiplied under another statute. Given these considerations, ensure you work with aggressive personal injury lawyers in Texas to help you fight for what you rightfully deserve.
A Skilled Personal Injury Attorney Helping You Seek Exemplary Damages in a Personal Injury Case
Winning punitive damages in a personal injury case can be challenging because you must meet a higher standard when proving why you should be awarded the damages. The jury must also consider multiple factors before settling on how much to award as punitive damages. Given the complexity, working with skilled personal injury lawyers in Texas is crucial to fighting for your rights.
If you have been injured in an accident, the Crash Angels at Pelaez Law Firm are here for you. We can strategically evaluate your case and help you determine if you’re eligible for punitive damages. Our personal injury lawyers in Texas are dedicated to helping you win. Call us at 210-801-9314 to schedule a FREE in-depth case assessment.
