State statutes can help empower people to take legal action when others cause them harm. For example, those injured in crashes caused by drunk drivers can seek compensation for lost wages, property damage and medical expenses. Those who lose a loved one due to negligence or misconduct may be able to pursue wrongful death litigation.
Frequently, people focus primarily on economic losses, such as medical bills and lost income, as they seek justice after an injury or a tragedy. However, they may also have the option of pursuing several types of non-economic damages.
Punitive damages, intended as a punishment for the party at fault, can help give people a sense of closure. Does Texas allow for punitive damages during personal injury litigation?
Exemplary damages are sometimes possible
What other states call punitive damages are exemplary damages under Texas state statutes. They are effectively the same thing. They serve as a penalty for the party at fault instead of as a form of compensation for the injured party based on their provable losses.
Exemplary damages are an option in both personal injury and wrongful death lawsuits. Plaintiffs have to meet a higher standard to seek exemplary damages.
Instead of simply proving that negligence, default or misconduct caused the incident, they must show either gross negligence, fraud or malice on the part of the defendant. They also need clear and convincing proof, as opposed to a preponderance of the evidence supporting their claims.
Those hoping to seek punitive damages during personal injury litigation may need to review the situation carefully to determine if doing so is reasonable. Injured parties and grieving families can sometimes increase their financial compensation by requesting exemplary damages during litigation.