What are Punitive Damages in a Personal Injury Claim?
Each year, there are somewhere between 300,000 and 500,000 personal injury cases in the United States. These cases can range from truck wrecks to car accidents and medical malpractice to construction and work site accidents. When someone is catastrophically injured in an accident caused by another party's negligence, they may be entitled to recover various types of money damages for their losses.
Compensatory damages are intended to compensate the victim for losses they suffered due to their injuries or losses caused by a personal injury accident. These damages can be divided into two categories: economic and non-economic damages. Economic or special damages are losses with definitive monetary value, such as medical expenses, lost wages, and personal property damage. Non-economic damages, also referred to as general damages, are intended to compensate accident victims for losses that are not easy to quantify. Some examples of non-economic losses accident victims can recover in a personal injury claim include damages for pain and suffering, mental anguish, and physical impairment/disability.
Punitive damages may be awarded in some cases where the defendant's (at-fault party) conduct was particularly reckless or egregious. This is referred to in many states as “gross negligence”. Unlike compensatory damages, punitive or exemplary damages are intended to punish the defendant and serve as a deterrent to prevent others from engaging in similar behavior in the future. Claiming such damages can be a complex process that typically requires the expertise of a skilled personal injury attorney.
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If you were injured in a truck accident, car accident, or another personal injury incident, our skilled and aggressive injury lawyers at Miller Weisbrod Olesky have a proven track record of successfully handling personal injury cases. We are dedicated to achieving the best possible outcome for our clients. We offer free initial consultations to discuss the details of your case and evaluate your legal options.
Construction Accident Verdict:
A general contractor ignored its own requirements for safety training of a subcontractor workforce. As a result, our client never received training in how to properly use his fall protection equipment. Our client fell two stories and hit the ground because the equipment was hooked up improperly. He was left paralyzed. When the general contractor refused to tender their insurance limits, Construction Accident Attorney, Clay Miller tried the case in Texas, and obtained a verdict of $26,500,000, including $15,000,000 in punitive damages.
What Are Punitive Damages in Texas?
The purpose of punitive or exemplary damages (Texas Civil Practice Remedies Code § 41.003) is not to compensate the plaintiff (injured party) for losses suffered due to the defendant's actions but rather to penalize or punish the defendant for their gross negligence and discourage others from committing similar acts in the future.
These damages are not available in all personal injury cases. To recover punitive damages, the victim must prove through clear and convincing evidence that they were injured due to the defendant's fraudulent, malicious, or grossly negligent actions.
Specifically, the plaintiff must demonstrate that the defendant:
Exhibited Gross Negligence: Unlike "ordinary negligence,” gross negligence involves more culpable behavior than simple carelessness. To prove "gross negligence” in a personal injury case, the plaintiff must demonstrate that the defendant consciously acted with a reckless disregard or indifference for the safety and welfare of others. For instance, a trucking company may face exemplary damages for gross negligence if they knowingly hire a driver with a history of drinking and driving behind the wheel. The plaintiff must present clear and convincing evidence, such as witness testimony, expert analysis, and detailed accident reports, to meet the high burden of proof often required in these cases.
Acted with Malice: The defendant acted with a specific intent to cause substantial injury or bodily harm to the plaintiff. To prove "malice", the plaintiff must be able to establish that the defendant committed an unlawful act with a conscious disregard for the safety and well-being of others. For instance, if someone intentionally hits another person with their car out of anger, this could be considered an act of malice.
Engaged in Fraud: To prove "fraud," the plaintiff must establish that the defendant knowingly made false representations or concealed material facts with the intent to cause someone to act based on that false information. It is unlikely that the court will award punitive damages if the plaintiff is unable to prove through clear and convincing evidence that the defendant's deception directly caused them to suffer physical, emotional, or financial harm. For example, if a car dealership knowingly sold a vehicle with a faulty brake system and concealed the information from the buyer, who later suffered injuries in an accident due to brake failure, the buyer may be awarded punitive damages if they can demonstrate that the accident occurred as a direct result of the deception.
A $30,800,000 verdict was reached when an engine manufacturer was sued for providing faulty engines in select fleet vehicles. The faulty engine led to many fleet clients needing to place their fleet in the shop for repairs, or replace their fleet with newer, more reliable vehicles, resulting in missed deliveries, and loss of revenue. After the vehicle engine manufacture failed to make a fair settlement offer, attorney Clay Miller took the case to trial as lead trial counsel. After a week of trial, the Court decided to award our client with $20,000,000.00 in punitive damages.
Punitive damages are awarded less frequently than compensatory damages because the burden of proof required to win punitive damages is higher than the burden for proving compensatory damages. Furthermore, the jury must unanimously decide that the defendant is liable for the plaintiff's damages before awarding punitive damages in a personal injury case.
The court may still review the jury's decision to ensure the award amount is reasonable and within the statutory guidelines. Nevertheless, punitive damages play a crucial role in holding the at-fault party accountable for serious misconduct and provide an additional layer of protection for the victim.
It can be challenging for the victims of a personal injury to successfully claim punitive damages, however, with the guidance of an experienced personal injury attorney they can navigate the complexities of the legal system more effectively and increase the likelihood of securing the compensation they deserve.
What Factors Will Be Considered Before a Jury Awards Punitive Damages in Texas?
In a personal injury case, the decision to award punitive damages and the amount of those damages is typically in the hands of a jury. Once a case makes it to trial, the jury is tasked with determining whether the defendant's negligent actions or inactions were responsible for causing harm to the plaintiff. If the defendant is found liable for the plaintiff's injuries, the jury must then decide how much to compensate the plaintiff for actual losses incurred.
In some instances where the defendant's conduct was malicious, fraudulent, or grossly negligent, the jury may also decide to award punitive damages. The jury's role in this process is crucial, as they must consider several factors when determining the amount of punitive damages to award the victim of a personal injury.
This includes:
The nature and severity of the defendant's wrongful action
The character of the defendant's actions or inactions
The degree of the defendant's culpability
The likelihood the defendant will continue to engage in wrongful behavior
The sensibilities and circumstances of the parties involved
The extent to which the wrongful action offends the public sense of decency and justice
The defendant's net worth
Any prior misconduct by the defendant
The plaintiff can demand evidence of the defendant's net worth. However, the defendant can ask the court to limit discovery until the plaintiff can demonstrate that they are eligible to receive punitive damages. Once the plaintiff has presented clear and convincing evidence, the court will carefully weigh the above factors to determine the appropriate amount of punitive damages to award.
Consulting with a personal injury lawyer who can provide expert advice on gathering the necessary evidence to support a claim for punitive damages is crucial and significantly increase your chances of securing the justice you deserve.
Punitive Damages Caps in Texas
In a personal injury case in Texas, exemplary damages are limited to the greater of $200,000 in cases where economic damages are not awarded or an amount equal to double the economic losses plus an amount equal to any non-economic damages found by the jury, up to $750,000.
For example, if the victim of a traumatic brain injury is awarded $1,000,000 in economic damages and $1,000,000 in non-economic damages, the maximum total possible amount they could claim in punitive damages would be $2,000,000 plus the maximum of $750,000 in non-economic damages ($2,750,000). The statutory cap does not apply in cases involving intentional torts (i.e., assault, battery, etc.), certain environmental violations, and violations of the Texas Deceptive Trade Practices Act.
When pursuing a personal injury claim in the state, understanding these caps on punitive damages is crucial, as it can affect the amount of compensation you may be entitled to under the law.
Evidence Needed to Support Your Claim for Punitive Damages
In a personal injury case, the injured party must present highly credible evidence of the defendant's malicious, fraudulent, or grossly negligent conduct to recover punitive damages. The type of evidence that the plaintiff must present to prove that the defendant's conduct went beyond the normal boundaries of other personal injury claims will depend on the specifics of the case.
This may include:
Medical bills
Receipts for any out-of-pocket expenses
Hospital records
Physical therapy records
The police or accident report
Inspection logs and safety reports
Employment and financial records
Surveillance footage (if available)
Photographs of the accident scene, any visible injuries, or property damage
Eyewitness accounts or expert testimony
Records and/or documents that reveal a history of prior misconduct
Gathering clear and convincing evidence that a defendant acted with malice, fraud, or gross negligence may seem like a daunting task. However, effectively presenting this evidence can strengthen your claim for punitive damages. Our team of personal injury attorneys is equipped with the resources and expertise to help you through every step of the process and increase your chances of securing punitive damages.
Situations Where Punitive Damages May Be Awarded
Punitive damages are designed to penalize particularly egregious misconduct that surpasses ordinary negligence and meets the legal definitions of fraud, malice, or gross negligence. The following are some examples of cases in which punitive damages might apply.
A construction company knowingly ignores its own safety rules and policies.
A trucking company turns a blind eye to a driver with a history of dangerous and reckless driving.
A company sells a product that they know has a defect and could potentially harm consumers.
A premises owner knows about a dangerous condition and chooses not to fix the condition or guard against it to save money.
A driver makes the conscious decision to drive while intoxicated and causes an accident.
An employer fails to implement proper safety measures and knowingly exposes their employees to harmful substances.
A fire results from a landlord's failure to fix faulty wiring despite multiple requests.
A fatigued or drowsy truck driver is required to exceed hourly limits by their employer and cause an accident.
Pursuing a claim for punitive damages in a Texas personal injury case requires the guidance of an attorney with a deep understanding of the applicable laws and the skills to effectively advocate for your rights. Our personal injury attorneys will work diligently to collect evidence to prove that the defendant's conduct was malicious, fraudulent, or grossly negligent and that punitive damages are warranted in your case.
How to Prove Negligence in a Personal Injury Case
Before the injured party can legally hold another person responsible for the harm they've suffered and recover various damages, they must establish the following four key elements.
Duty of Care: In any case where someone is trying to prove negligence, the first element the plaintiff must establish is that the defendant owed a duty of reasonable care to keep others around them safe by avoiding actions or behaviors that could cause harm to others. For example, doctors owe their patients a duty to provide medical care that meets or exceeds the accepted standards.
Breach of Duty: Once a relationship between the plaintiff and the defendant has been established, the next element a personal injury lawyer has to prove is that the defendant breached this duty to the plaintiff. For instance, a driver who ignores posted speed limits and causes an accident may be found responsible for breaching their duty of care.
Causation: The plaintiff must then show how the defendant's breach of this duty was the actual and proximate cause of the injuries and other losses they sustained. For example, if a driver breaks the law by running a red light, the act of running the red light could be seen as the direct cause of the crash.
Damages: The final element of a negligence claim is proof of losses. These could include medical bills, pain and suffering, lost income during recovery, and impaired future earning capacity.
From filing a claim to negotiating a settlement or presenting your case at trial, a seasoned personal injury attorney can provide valuable guidance and representation every step of the way. With their help, you can focus on healing while they ensure all necessary paperwork is properly filed and deadlines are met.
Statute of Limitations for Texas Personal Injury Cases
Under Texas Civil Practice and Remedies Code § 16.003, you have two years from the date of the accident to file your case. The deadline shifts to two years from the date of the victim's death if you are filing a wrongful death action. Failure to file a lawsuit by its statutory deadline could result in losing your ability to file altogether. A knowledgeable personal injury attorney can ensure you meet all deadlines and build a strong case on your behalf.
Get the Most Out of your Personal Injury Claim
While you're trying to recover from your injuries, the last thing you need is the additional burden of handling your personal injury case on your own. Our knowledgeable and experienced personal injury attorneys have a proven track record of securing multi-million-dollar results for our clients in both compensatory and punitive damages.
We operate on a contingency fee basis, meaning you NEVER pay any upfront legal fees until we win your case. Time is of the essence in personal injury cases; the sooner we can start building your case, the better your chances are of recovering all the damages you’re entitled to for your losses. Let us review the details of your case and advise you of your legal options during your complimentary consultation. Schedule your free case review today by calling our toll-free line at 888-987-0005 or filling out our online form.
Miller Weisbrod Olesky Personal Injury Lawyers
Clay Miller
Clay is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Clay has practiced solely in the field of catastrophic injury and wrongful death since graduating from law school. His practice has been limited to the representation of victims. Over the past twenty-four years, Clay has successfully settled or tried to verdict cases in the areas of vehicular negligence, medical malpractice, construction site accidents, workplace injury, premises liability, and commercial trucking and a nationwide business loss case (suits filed in a dozen different states) involving defective truck engines sold to trucking companies.
Clay represented dozens of trucking companies in lost profit and diminished value claims against Caterpillar in 2010 through 2012. These cases were filed in over a dozen states with the bellwhether trial set in Federal Court in Davenport, Iowa. After intense litigation and trial preparation, a global confidential settlement was reached for all the clients.
Clay's most recent 2017 victories are a $30,800,000 jury verdict in Tennessee arising from fraud claims in the sale of heavy-duty truck engines and a $26,500,000jury verdict in a construction accident, obtained within 60 days of each other.
Clay was raised in Lewisville, Texas and completed his undergraduate degree in Finance at Texas A & M University. Following graduation from Southern Methodist University School of law, Clay worked for two Dallas firms representing victims. In 1998, Clay began his own practice before forming his current partnership. In addition to his law practice, Clay has lectured at seminars and published in the areas of construction accidents, jury selection techniques, medical negligence, trucking accidents and settlement tactics.
Josh Birmingham was born in Las Cruces, New Mexico and raised in the small oil town of Hobbs, New Mexico. He graduated from the University of Nebraska in 2004 where he was a part of the Big 12 champion baseball team and was a College World Series participant.
He obtained his law degree from the University of Tulsa: College of Law in 2007 where he earned numerous awards in Mock Trial and Negotiation competitions.
Josh began his career at another prominent law firm where he fought for the victims of other’s negligence.
After 9 years Josh left being a trial lawyer and became an executive for a healthcare consulting firm but his passion for helping others in the law quickly pulled him back. Josh has tried numerous cases in both state and federal court. Josh began his first day with Miller Weisbrod Olesky in trial with Clay Miller representing an injured construction worker, Fernando Canales. Josh second chaired the trial and handled all of the medical expert testimony in the case.
Josh is a member of the State Bar of Texas, American Association of Justice, Texas Trial Lawyers Association, Dallas Trial Lawyers Association, and Dallas Association of Young Lawyers. He is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.
Josh accredits his passion toward helping others to his mother Pam Parkinson, a nurse and business woman, and his father Ray Birmingham a college baseball coach.
Michael is a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Born and raised in Dallas, Michael attended Texas A&M University where he earned a Bachelor of Science in Political Science. Following graduation, Michael worked in sales for one of the largest trucking companies in the United States. While working in the trucking industry, Michael saw the dangers that can and do occur when companies put profits before safety, and safety is not provided its proper place at the table. It was at this point Michael decided to pursue a career in law to help those harmed by the negligence of others.
Michael attended the University of Houston Law Center, where he served as a Senior Articles Editor for the Houston Journal of International Law. Throughout law school, Michael clerked at one of the 5 law firms that represented the State of Texas against Big Tobacco, where he worked on cases ranging from catastrophic crane collapses, to sexual abuse cases to environmental class action lawsuits. Most importantly, Michael learned the law could be used to do a lot of good in peoples’ lives, and could help those who had been injured because of the carelessness of others.
After obtaining his law license, Michael moved to South Padre Island and practiced personal injury law in the Rio Grande Valley. While practicing in South Texas, Michael tried nearly 20 cases in federal and state courtrooms across South Texas, consistently obtaining verdicts significantly higher than the insurance companies’ offers. As a result of his success in the courtroom, Michael is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a designation earned by practicing personal injury law almost exclusively, showing substantial success and experience trying personal injury lawsuits, completing extensive Continuing Legal Education in personal injury trial law, and passing a rigorous written exam demonstrating superior competence in handling personal injury cases.
Michael is married to Katlyn and has 2 young daughters, Kathleen and Mary Louise. Michael volunteers for the Dallas Volunteer Attorney Program, providing pro bono legal services to others in the community.
