If you get into a car accident in Texas, you could suffer so much more than just financial losses. However, dealing with the costs of medical care and property damage can add stress to an already overwhelming situation. It’s important to know what types of compensation you could potentially receive as a car accident victim in Texas. An experienced Austin car accident attorney can help you understand your rights and the types of damages you may be entitled to, including punitive damages.
What Are Damages in a Texas Car Accident Case?
“Damages” is the legal term for financial compensation that can be recovered by an injured victim (also called a plaintiff) from an at-fault party or defendant. If the plaintiff can prove fault, a settlement from an insurance company or a judgment award from a jury can be granted to help cover the victim’s losses.
There are three main types of damages available in a car accident case:
- Economic: reimbursement for money the victim spent because of the car accident, including medical bills, property damage repairs and transportation costs, as well as money lost from missing time at work.
- Noneconomic: compensation for the invisible or intangible harm caused by the car accident, including pain and suffering, emotional distress, mental anguish, post-traumatic stress disorder, loss of consortium, and lost quality of life.
- Punitive: an additional amount awarded to a plaintiff to punish or penalize a defendant for his or her conduct, also known as exemplary damages.
While economic and noneconomic compensation are both forms of “compensatory damages,” punitive damages are noncompensatory. This means they are designed to punish the defendant rather than to compensate the plaintiff during a personal injury case.
What Are Punitive Damages?
Each state has its own definition of punitive damages and rules for when they may be granted to a plaintiff in a personal injury case. Texas Civil Practice and Remedies Code § 41.001(5) defines “exemplary damages” as “any damages awarded as a penalty or by way of punishment but not for compensatory purposes.”
Punitive or exemplary damages are rare in Texas. However, they may be awarded in a case involving especially egregious (severe) acts of negligence or wrongdoing by the defendant. The definition of negligence is the failure to act in a way that a person who was displaying a reasonable level of care and prudence would have in the same or similar circumstances.
When Are Exemplary Damages Awarded in a Car Accident Case in Texas?
In Texas, punitive damages are only available if the plaintiff requests them specifically during a car accident case. You must support the request with evidence showing that you qualify for exemplary damages based on the actions of the defendant. In Texas, the law requires a plaintiff to prove by clear and convincing evidence that a defendant acted with fraud, malice or gross negligence (Texas Civil Practice and Remedies Code § 41.003).
Texas’s definition of malice is “a specific intent by the defendant to cause substantial injury or harm to the claimant.” It can refer to any intentional tort, such as vehicular assault or road rage incidents. Fraud is defined as “fraud other than constructive fraud,” which can mean any type of wrongful or criminal deception intended to lead to financial or personal gain by the deceiver.
Gross negligence is a severe level of negligence that demonstrates a willful or wanton lack of concern for the safety or well-being of others. Examples in a car accident case include driving under the influence, excessive speeding in a school zone and a truck driver continuing to drive despite extreme fatigue.
Proving Your Eligibility for Punitive Damages in Texas
Proving eligibility for punitive damages in a Texas car accident case may not be easy, which is why they are not awarded often by Texas courts. State law requires the plaintiff to prove with clear and convincing evidence that the harm being claimed was caused by the defendant’s wrongful acts or intent to harm.
“Clear and convincing evidence” is a higher evidentiary standard than is required for compensatory damages, which is proof based on a “preponderance of the evidence,” or more likely to be true than not true. You must prove that the defendant’s conduct created an extreme risk of foreseeable harm, and that the defendant knew of this risk but proceeded anyway.
While evidence to support a punitive damage claim can vary, it may include a police report, a citation or arrest made against the other driver, a criminal conviction, evidence of repeated misconduct or a history of similar recklessness, eyewitness statements, accident reconstruction, photographs and videos, and expert testimony.
Are There Caps on Exemplary Damages in Texas?
Yes, there is a statutory cap, or limit, on the amount of punitive damages that can be awarded in a Texas car accident case. Damage caps set maximums on the total amount of compensation that can be awarded in a claim.
Section 41.008 of the law states that exemplary damages may not exceed an amount equal to the greater of:
- (A) two times the amount of economic damages; plus (B) an amount equal to any noneconomic damages found by the jury, not to exceed $750,000; or
- $200,000.
However, car accident cases involving certain felony crimes are exempt from this limitation, including murder, aggravated assault, and intoxication assault and manslaughter. If your lawyer can show that your car accident case involves a crime intentionally committed against you, this could qualify you for punitive damages without a cap.
Get Help Seeking Punitive Damages for Your Car Accident Case in Texas
At FVF Law, we know that money isn’t everything after a devastating car accident. Yet we’re also aware of how much a fair settlement can help a victim move forward. The most effective way to get the money you need from a car accident claim – including exploring the possibility of punitive damages – is by hiring an Austin personal injury attorney.
Your lawyer will help by taking over settlement negotiations with an automobile insurance company or bringing your case to court, if necessary. An attorney will be able to use strong evidence to highlight the severity or recklessness of the defendant’s actions in a request for punitive damages.
Punitive damages are not generally easy to secure during a Texas car accident claim. Hiring the right attorney can be a critical move. Speak to a lawyer today at no pressure to hire us by contacting FVF Law at (512) 640-2146. Our legal team has more than 100 years of combined experience in personal injury law.
