Punitive Damages in Texas: What You Need to Know
Can a civil lawsuit do more than cover your lost wages, medical bills, and pain and suffering? Yes, when a defendant’s conduct is so bad and outrageous that a jury decides to award extra money, beyond the victim’s actual damages, it is the only fair response. These extra dollars, called punitive or exemplary damages, are rare but powerful.
At the Law Office of Shane R. Kadlec, we have helped injured Texans since 1996, and we often hear clients ask how punishment fits into a personal injury claim. The general rule is that injury lawsuits, where a defendant is to be negligent or responsible for causing the injury, result in an award of the actual damages suffered by the victim. Many of these victims feel that the defendants need to be punished for causing the injury, but the reality is that getting a verdict that includes punitive damages is extremely difficult in most situations. If at trial the jury does find that there should be an award of punitive damages, based on the extreme recklessness of the defendant, in the paragraphs that follow, we break down the rules, the hurdles, and the practical steps for claiming this unique form of relief.
What are Punitive Damages?
Punitive damages are money damages a jury adds on top of standard compensation awarded to the victim to punish a wrongdoer for fraud, malice, or gross negligence. The cash award does not replace a medical bill or repair a car. Instead, it sends a loud message that the conduct will not be tolerated. Regular damages, sometimes called compensatory damages, aim to make a person whole. Punitive damages aim to stop future harm, both from the defendant and from anyone watching.
Because the goal is punishment, Texas courts demand more proof than they do for routine negligence. The standard is “clear and convincing evidence,” which sits between ordinary civil proof and the proof required in a criminal trial.
When Can Punitive Damages Be Awarded in Texas?
Texas Civil Practice and Remedies Code Chapter 41 limits punitive awards to cases where the injury stems from fraud, malice, or gross negligence. A unanimous jury must agree on two points: the defendant’s liability and the dollar amount of punitive damages. If even one juror dissents, the extra award evaporates.
Meeting the “clear and convincing” threshold means the jury must hold a firm belief that the defendant crossed a severe line. Ordinary carelessness is not enough. Think of a bar serving an obviously drunk person who then causes a fatal crash, or a manufacturer that hides a dangerous design flaw in a popular household device.
Key Elements for Obtaining Punitive Damages
To understand how these cases unfold, it helps to look at the three gateways to punitive damages.
Fraud
Fraud requires proof that the defendant intentionally deceived someone and that the lie caused physical, emotional, or financial harm. An example could be a chemical supplier who hides test results showing a product burns skin on contact. If that deception leads to injuries, a jury may decide extra punishment is appropriate.
Malice
Malice means the defendant set out to cause substantial harm. Road-rage assaults, intentional poisoning, or a trucking company manager instructing drivers to disable safety governors could all satisfy this standard. A related criminal conviction often strengthens a civil claim because it shows the defendant’s state of mind.
Gross Negligence
Gross negligence involves two parts. First, the conduct poses an extreme risk when viewed objectively. Second, the actor knew the risk yet acted with conscious indifference. Picture a delivery company hiring drivers with multiple DWI convictions or a day-care operator ignoring locked-door rules despite past break-ins. The key is evidence that the defendant understood the danger and pressed ahead anyway.
The Legal Process for Pursuing Punitive Damages
Texas allows a defendant to request a bifurcated trial. In phase one, the jury decides liability and ordinary damages. If the plaintiff wins, phase two focuses on punitive damages. This separation keeps the jury from hearing net-worth evidence until it is truly needed.
Since the burden of proof is high, early evidence gathering matters. Surveillance videos, internal emails, policy manuals, and sworn testimony can all show knowledge of the risk. Without solid documentation, the claim may falter long before trial.
Factors Affecting the Amount of Punitive Damages
Civil judges give juries a short checklist before they place a number on punitive damages.
● The nature and seriousness of the misconduct.
● How much blame the defendant deserves.
● The harm suffered by the injured person.
● Public sense of justice and propriety.
● The defendant’s net worth, so the award stings but does not create an unfair windfall.
A millionaire trucking firm and a small local contractor will feel different levels of pain from the same dollar figure, so the law allows a tailored amount that still deters future misbehavior.
Are There Caps on Punitive Damages in Texas?
Yes. Texas caps most punitive awards at the greater of:
Texas Statutory Caps on Punitive Damages
| Formula | Maximum Amount |
| Twice economic damages + non-economic damages (up to $750,000) | Varies by case |
| Flat alternative cap | $200,000 |
Some claims escape these limits, including cases tied to felonies such as murder, aggravated assault, or intoxication manslaughter. In those situations, the jury may set any amount it deems reasonable, subject to court review.
The Role of Personal Injury Attorneys
Claiming punitive damages adds layers of complexity. Attorneys help by:
- Securing records, videos, and professional testimony that prove the defendant’s state of mind.
- Evaluating whether punitive damages are worth pursuing under the statutory cap.
- Negotiating from a position of strength since the threat of a punitive award can push insurers toward a fair settlement.
Without a lawyer who understands Chapter 41, evidence might never reach the jury, even if it exists. We track deadlines, draft precise pleadings, and push for rulings that keep critical proof in play.
Contact The Law Office of Shane R. Kadlec Today
If you suspect fraud, malice, or gross negligence played a part in your injury, time is short. Evidence can vanish, and the two-year statute of limitations can close the courthouse doors. A quick conversation with our team lets you know whether punitive damages make sense and what steps come next.
We stand ready to dig into hiring files, safety logs, and witness accounts, all while you focus on healing. Our initial consultations cost nothing, and you owe no attorney fees unless we recover money for you.
We are here to answer real-world questions, not to recite textbook rules. Call us at 281-643-2000 or visit our website to set up your free meeting. A single call can start the process of holding a careless party fully accountable. We look forward to helping you move forward with confidence.
