What Are Punitive Damages?
Punitive damages are compensation awarded to someone injured due to another party’s negligence. In a personal injury lawsuit, a judge or jury may offer punitive damages on top of compensatory ones. An Arlington personal injury lawyer can explain punitive compensation in detail and help you get maximum damages in your lawsuit.
If you are looking for top-notch legal representation, trust The Texas Law Dog. A Hopkins County native, our attorney fights to get those injured due to no fault of their own the compensation they deserve. Schedule a free case consultation with our lawyer.
Why Are Punitive Damages Awarded?
Per Texas Civil Practice and Remedies Code §41.001, punitive or “exemplary” damages are awarded to punish someone beyond compensatory purposes. These are not considered economic or non-economic damages. Rather, they make a negligent party pay more than what a plaintiff initially requested in economic and non-economic compensation.
For example, you hire an Arlington car accident lawyer to represent you in a case against a motorist who was driving while under the influence of drugs or alcohol. You request compensatory damages for your medical bills, car repairs, pain and suffering, and other quantifiable and subjective losses. A judge or jury finds the defendant fully at fault.
In this situation, a judge or jury may award you full damages and punitive compensation. This may be done to show the defendant the severity of their actions. The compensatory and punitive damages that the defendant has to pay could deter this individual from committing similar negligent acts in the future.
Can You Get Punitive Damages in Your Personal Injury Case?
To receive punitive damages, you must provide compelling evidence to prove that your injury occurred due to negligence, fraud, or an act of malice. If you want help doing so, hire a lawyer to represent you. This gives you access to an attorney who can explain what punitive damages are and gather evidence on your behalf, including:
- Accident scene photos and videos
- Medical records
- Police reports
- Witness statements
The Texas Law Dog can help you calculate your injury-related losses. We can also walk you through the Texas car accident claim process and other legal topics. Request a consultation with our attorney.
How Much Are Punitive Damages Worth?
According to Texas Civil Practice and Remedies Code §41.008, the punitive damages (i.e., exemplary damages) you can receive are capped at $200,000 if no economic compensation is awarded. You can also get twice your economic losses in addition to an equal amount of non-economic losses of up to $750,000. If awarded punitive compensation, a judge or jury awards you the greater of these totals.
Your lawyer will review your injury-related losses carefully. They will look for ways to prove you are in no way liable for your injury. If they succeed, they could prepare an argument that compels a judge or jury to award 100% of the damages you request.
Based on Texas Civil Practice and Remedies Code §33.001, you can still recover damages if you are partly responsible for your injury. If you are 1-50% liable, you can get damages that are reduced by your percentage of fault. If a judge or jury says you are primarily at fault, you may be ineligible to get damages.
When Are Punitive Damages Awarded?
Punitive damages are considered on a case-by-case basis. A judge or jury will evaluate your injury, why it happened, how it will affect you, and many other factors. Along with drunk driving cases, times when a judge or jury may offer punitive damages include:
Medical Malpractice
Your Arlington medical malpractice lawyer proves a doctor violated their standard of care, causing you to suffer severe injuries. A judge or jury could rule in your favor. You may also get punitive damages that deter the doctor from harming others in a similar way moving forward.
Defective Product
You buy a product and expect it to work great. However, the product is faulty, and it causes you to get hurt. By working with an Arlington defective products lawyer, you may prove the product manufacturer or seller was negligent, allowing you to receive punitive damages.
Dangerous Drug
You take an over-the-counter drug and follow the instructions listed on the product label. Regardless, the drug results in an illness or other health problems. An Arlington dangerous drugs lawyer proves the product was harmful, and you are awarded punitive damages that the manufacturer or another liable party has to pay in full.
If you want punitive damages for these or other reasons, seek legal help. If you partner with a lawyer who has personal injury case experience, you can get the assistance you need to prepare a strong argument. This can help you prove you deserve compensatory damages and compel a judge or jury to award you compensation for your punitive losses.
When Should You Request Damages?
In alignment with Texas Civil Practice and Remedies Code §16.003, you may have up to two years to file a personal injury lawsuit. The window for submitting your claim may not be extended. If you do not seek damages promptly, you may not be able to do so at a later time.
Your lawyer can look at your injury case and help you determine if you are eligible to request damages. If so, your attorney can file your lawsuit and build your argument. They may consider many pieces of evidence to prove you deserve damages.
A judge or jury may award you compensatory damages without punitive losses. Alternatively, punitive damages may not be provided on their own. Your lawyer can explain what damages you may be able to recover in your lawsuit.
Learn More About What Are Punitive Damages and How They Can Impact Your Personal Injury Lawsuit
If you are unsure about what are punitive damages and if you have a valid case for compensation from a party responsible for your personal injury, get in touch with The Texas Law Dog. We can evaluate your case and explain your legal options to you. Contact us to schedule a free case consultation.