You may have heard the term “punitive damages” with respect to a big court case or large jury verdict. Of the three types of damages, they are the least common. Keep reading to learn about punitive damages and others you may be entitled to when you call for a free case review.
What Are Damages?
When people file a lawsuit, they often request relief from the court. In some cases, this can involve asking the court to order the defendant to do something or not do something. In others, it means requesting the court to award damages. In a personal injury case, most damages that are awarded are financial losses assessed against the defendant, who must pay the plaintiff the amount ordered.
Types of Damages
The three types of damages potentially involved in personal injury cases include:
Economic Damages
Economic damages are financial losses you suffered as a result of the accident. For example, if you were injured in a car accident, you might request compensation for the following:
- Medical expenses
- Lost wages
- Lost earning capacity
- Property damage
You can establish the value of these losses with pay stubs, medical bills, invoices, receipts, and other objective evidence.
Non-Economic Damages
Texas law also allows accident victims to seek compensation for the following non-economic damages:
- Physical pain and suffering
- Mental or emotional pain or anguish
- Loss of consortium
- Physical impairment
- Disfigurement
- Loss of enjoyment of life
- Injury to reputation
- Loss of companionship
- Inconvenience
- All other nonpecuniary losses other than punitive damages
Your lawyer can work with you to determine the non-economic damages you can recover in your personal injury claim.
Combined, economic and non-economic damages are referred to as “compensatory damages.”
Punitive Damages
Punitive damages, or “exemplary damages” as they are often referred to in Texas, are damages awarded as a penalty or to punish the defendant, not to compensate the victim. These damages may be awarded to send a message to the defendant or society at large to deter similar conduct in the future.
Texas Civil Rules Regarding Punitive Damages
Punitive awards are reserved for the most egregious cases. To recover these damages, all of the following must apply:
- The harm to the plaintiff resulted from fraud, malice, or gross negligence.
- The plaintiff proves by clear and convincing evidence the elements of exemplary damages and the defendant’s culpable mental state in cases involving a statutorily defined mental state for recovery.
- The jury is unanimous in finding liability and the amount of exemplary damages.
In cases in which exemplary damages are on the table, the judge reads special jury instructions on how they are to deliberate on the matter.
Exemplary Damages and Criminal Acts of Employees
Texas law generally does not hold defendants responsible for the criminal acts of others. However, Texas courts can award exemplary damages against employers whose employee commits a criminal act that harms another person if they authorized the criminal act, the employer acted with malice in employing or retaining the employee who was unfit for the job, the criminal was in a management position and acting within the scope of their employment, or the employer ratified or approved the act.
Limits on Punitive Damage Awards
Texas law imposes caps on punitive damage awards. Plaintiffs are generally limited to recovering the greater of $200,000 or two times the amount of economic damages, plus the value of non-economic damages, up to $750,000. This cap does not apply if the underlying act was a felony.
When Are Punitive Damages Awarded?
Punitive damages are reserved for the worst cases that show a flagrant disregard for human life. Some examples of recent cases in which Texas juries awarded punitive damages include:
- A Texas jury awarded $45.2 million in punitive damages to the parents of a Sandy Hook shooting victim against Alex Jones, who repeatedly claimed the shooting was a hoax.
- A Dallas jury awarded the family of a wrongful death victim $7 billion in punitive damages after finding that Spectrum negligently hired an employee who stabbed the victim to death after attempting to rob her during his work in her telephone line.
- Union Pacific was ordered to pay $500 million in punitive damages to a woman hit by a train.
These cases are not typical. Every case is different, and an experienced attorney can explain whether punitive damages may be available in your particular case.
If you have questions about punitive damages in your case, reach out to a Dallas personal injury lawyer today.
Contact Our Personal Injury And Car Accident Law Firm In Dallas, TX
If you’ve been injured in Dallas, and need help, contact our Dallas personal Injury and car accident lawyers at Bush Personal Injury and Car Accident Lawyers LLC to schedule a free consultation.
Bush Personal Injury and Car Accident Lawyers LLC
(214) 615-6394