What are Punitive Damages (Exemplary Damages) in Texas Personal Injury?

When a careless person or party causes you to suffer a personal injury, you have the right to file a claim for compensation. Depending on the details of your case, you may be able to recover damages for medical expenses, lost wages, pain and suffering, mental anguish, loss of future earning potential, and more.

However, did you know that the person responsible for your accident may also be liable for punitive damages? Punitive damages, as the name implies, are intended to punish the offender. While punitive damages are ordered infrequently, they are useful in penalizing negligent parties as well as deterring others from engaging in the same activity, thus providing the public service.

According to Chapter 41 of the Texas Civil Practice and Remedies Code, punitive or exemplary damages are defined as: “Exemplary damages means any damages awarded as a penalty or by way of punishment but not for compensatory purposes. Exemplary damages are neither economic nor noneconomic damages. ‘Exemplary damages’ includes punitive damages.”

When are punitive damages used?

Most personal injury cases are settled out of court. However, in certain accident cases, the court may deem the damages owed to the victim to be insufficient, given the behavior of the defendant. In such scenarios, the court may order punitive damages if it finds that the defendant was
“morally culpable, or is actuated by evil and reprehensible motives, not only to punish the defendant but to deter [it], as well as others who might otherwise be so prompted, from indulging in similar conduct in the future.”

If you are injured in a car, truck, or another type of accident, and believe a negligent person is at fault for your condition, contact an experienced personal injury attorney in Houston. After assessing the facts of your case, your lawyer can help you build a case to recover compensation. Depending on the actions of the defendant, the court may even order punitive damages against them.

Contact a reputable injury lawyer in Texas

Ryan A. DeHoyos advocates for accident injury victims throughout the Houston area. Whether you suffer injury in a car crash, semi trucking wreck, slip and fall, or other accident, rest assured we are ready to fight for you. For more information on our services, or to schedule a consultation to discuss your case with a skilled injury lawyer, call (832) 745-4878 or contact us online.