Lawyer for Punitive Damages in Texas

If you’ve been grossly wronged and need justice as much as you do compensation for the harm you’ve suffered, Sellers Law Firm is here to help you pursue punitive damages in Texas. 

Punitive damages are damages awarded in lawsuits on top of normal compensation for economic losses, which are intended to punish wrongdoers for especially bad behavior. Unlike regular damages that compensate for losses, punitive damages aim to discourage similar misconduct in the future.

At Sellers Law Firm, we understand the complexities of Texas law regarding punitive damages and are fully committed to exposing misconduct, deterring future wrongdoing, and ensuring you receive full and fair compensation for your suffering. Frank Sellers, our founding attorney and skilled Fort Worth/Dallas personal injury lawyer, has experience representing cases where defendants’ actions were particularly egregious, reckless, or malicious and stands ready to represent you. 

Call (817) 928-4222 or schedule a consultation online to start building your case today!

What are the damages for a personal injury claim?

In Texas personal injury cases, damages typically fall into three main categories:

Economic Damages: Also called special compensatory damages, these are quantifiable losses that have a clear monetary value. They include:

• Medical expenses (past and future)
• Lost wages and loss of earning capacity
• Property damage
• Out-of-pocket expenses related to the injury

Non-Economic Damages: Also called general compensatory damages, these are subjective, non-monetary losses that affect the victim’s quality of life. They may include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium (in cases involving married couples)

Punitive Damages: As mentioned earlier, punitive damages, also known as exemplary damages in Texas, are additional damages awarded to punish the wrongdoer and deter similar conduct in the future. They are typically only available in cases involving gross negligence or intentional misconduct, as well as for certain types of felonies when committed intentionally or knowingly:

1. Murder
2. Aggravated assault
3. Sexual assault
4. Aggravated sexual assault
5. Forgery
6. Fraudulent securing of document execution, such as an indictment or arrest warrant based on false or materially misleading information
7. Intoxication assault
8. Intoxication manslaughter.

At Sellers Law Firm, we work diligently to ensure all applicable damages are thoroughly documented and pursued in your case. Our experienced team knows how to build a strong argument for each type of damage, helping to prove intentional or gross negligence in Texas, maximizing your potential compensation.

Learn more: What are exemplary damages in Texas?

What is the standard for exemplary damages in Texas?

In Texas, exemplary damages (also known as punitive damages) are governed by strict standards outlined in Chapter 41 of the Texas Civil Practice and Remedies Code. Specifically, Section 41.001(5). 

In Texas, the burden of proof for punitive damages is higher than for other types of damages in a personal injury case. To be awarded exemplary damages, the plaintiff must:

1. Provide evidence that produces a firm belief or conviction about the truth of the allegations. To be awarded punitive damages, the plaintiff must prove their case by “clear and convincing evidence.”
   
   This standard is more rigorous than the “preponderance of evidence” used in most civil cases, but less stringent than the “beyond a reasonable doubt” standard used in criminal cases. It helps to ensure that punitive damages are only awarded in cases where the defendant’s conduct was truly egregious.

2. The plaintiff must show that the harm resulted from:

• Fraud: Intentional misrepresentation or concealment of important facts
• Malice: Specific intent to cause substantial injury or harm
• Gross Negligence: An act or omission that involves an extreme degree of risk and a conscious indifference to others’ safety
• Certain Felonious Conduct: Under Section 41.008 of the Texas Civil Practices and Remedies Code, specific offenses committed intentionally or knowingly may also allow for punitive damages.

Our team of work injury lawyers in Dallas/Fort Worth, Texas have extensive experience navigating the complex standards for punitive damages in Texas. With your help, we can meticulously gather and present evidence that clearly demonstrates the defendant’s gross negligence, fraud, or malice, giving you the best chance at securing punitive damages. 

What is the cap on punitive damages in Texas?

Texas law imposes limits on the amount of punitive damages that can be awarded in most cases. According to the Texas Civil Practice and Remedies Code, punitive damages are capped at the greater of:

1. Two times the amount of economic damages plus an amount equal to non-economic damages (up to $750,000), or
2. $200,000

For example, if a jury awards $100,000 in economic damages and $50,000 in non-economic damages, the maximum punitive damages would be $250,000 (two times $100,000 plus $50,000).

However, it’s important to note that these punitive damages cap in Texas may not apply in certain cases, such as those involving felony conduct. Our experienced team at Sellers Law Firm can help you understand how these caps might apply to your specific case and work to maximize your potential recovery.

Why hire a lawyer to seek punitive damages?

Seeking punitive damages in cases for catastrophic injuries, oilfield accidents, wrongful death, or any other type of personal injury is a complex process that requires a deep understanding of Texas law and significant legal knowledge. Here’s why hiring a skilled attorney like Frank Sellers can be make or break for your case:

• Proving egregious conduct: Meeting the “clear and convincing” standard requires a thorough investigation and compelling presentation of evidence. Our team knows how to build a strong case that demonstrates the defendant’s gross negligence, fraud, or malice.
• Maximizing your recovery: We understand how to present your case in a way that justifies the highest possible punitive damages award within Texas legal limits.
• Countering defense strategies: Defendants and their insurers often fight hard against punitive damages claims. We anticipate and effectively counter their arguments and tactics.

At Sellers Law Firm, we have a proven track record of successfully pursuing damages for our clients. Our experience and dedication can make a significant difference in the outcome of your case.

Looking for a lawyer to help fight for punitive damages in Texas? Call Sellers Law Firm.

If you’ve been involved in a truck accident, a plant explosion, or any other severe incident where negligence was glaring, call Sellers Law Firm. We will fight tirelessly to hold your wrongdoer accountable and secure the maximum punitive damages in Texas you deserve.

We have a proven track record of fighting for those who have suffered due to gross negligence or intentional misconduct. Our experience ensures that your case is thoroughly investigated, and we work relentlessly to maximize your compensation.

Don’t wait — call (817) 928-4222 or schedule a consultation online to take the first step toward justice today.