When someone is injured because of another person or company’s negligence, the law allows the victim to seek compensation. Most of this compensation is designed to cover losses — things like medical bills, lost wages, and pain and suffering. But in some cases, Texas law also allows for punitive damages — a separate category of damages meant to punish and deter.
So what exactly are punitive damages, and when are they awarded? Here’s what you need to know.
Compensatory vs. Punitive Damages
Most personal injury claims involve compensatory damages — money awarded to make the injured person whole. These can be:
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Economic damages (medical bills, lost income, property damage)
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Non-economic damages (pain, mental anguish, disfigurement, loss of enjoyment of life)
Punitive damages — also called exemplary damages in Texas — are different. They’re not intended to compensate the victim. Instead, they are awarded to punish the wrongdoer and send a message that certain behavior will not be tolerated.
When Can Punitive Damages Be Awarded?
Punitive damages are not awarded in every case. Under Texas law, they are only available when the defendant’s conduct goes beyond ordinary negligence.
To recover punitive damages, a plaintiff must prove that the defendant acted with:
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Malice, or
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Fraud
This is a high standard. “Gross negligence” means more than just carelessness — it means the defendant knew their conduct created a serious risk of harm and chose to ignore it.
Examples of Cases Where Punitive Damages May Apply
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A trucking company knowingly sends an unqualified driver on the road who causes a fatal crash
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A chemical manufacturer hides known hazards that injure workers
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A drunk driver with multiple prior offenses causes a serious motorcycle accident
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A nursing home staff member intentionally harms a vulnerable resident
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A corporation engages in fraudulent behavior that causes financial or physical harm
In each case, punitive damages may be considered if the evidence shows extreme misconduct or disregard for safety.
How Are Punitive Damages Calculated?
Texas law limits the amount of punitive damages that can be awarded in most cases. The cap is the greater of:
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$200,000, or
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Twice the amount of economic damages plus an amount equal to non-economic damages (up to $750,000)
Juries must be unanimous in awarding punitive damages, and the plaintiff must prove the defendant’s conduct by clear and convincing evidence, a higher standard than for compensatory damages.
Why Punitive Damages Matter
Punitive damages aren’t just about punishment. They also serve a larger public purpose: deterring others from engaging in similar misconduct. When a jury awards punitive damages, it sends a message that safety, honesty, and accountability matter — and that grossly irresponsible behavior comes at a cost.
Spagnoletti Law Firm Handles Complex Injury Cases Across Texas
Not every case qualifies for punitive damages — but when they do, they can play a powerful role in holding wrongdoers accountable and supporting victims. If you’ve been injured due to someone’s reckless or malicious conduct, it’s worth exploring whether you may have a claim for exemplary damages.
Spagnoletti Law Firm represents individuals across Texas in serious personal injury, wrongful death, and workplace accident cases. We can evaluate your situation and explain all potential damages available under the law.
📞 Call 713-804-9306 to schedule a free consultation. You pay no legal fees unless we recover compensation on your behalf.