Is there a maximum for punitive damages in Texas?

Asked by: Eve Ferry  |  Last update: September 23, 2023
Score: 4.9/5 (25 votes)

In Texas, punitive damages may not exceed more than twice the amount of awarded economic damages plus the awarded non-economic damages (which can't exceed $200,000). Furthermore, punitive damages cannot exceed $750,000, unless the non-economic damages are worth the maximum $200,000.

Is there a cap to punitive damages in Texas?

Punitive damages

They will only be awarded if other damages are also awarded. Punitive damages are capped in Texas, as listed in the Texas Statutes here. Punitive damages are capped at the greater of $200,000 or two times the amount of economic damages PLUS the amount equal to non-economic damages up to $750,000.

Why does Texas have a cap on punitive damages?

But why did Texas cap punitive damages in 1987 in the first place? Because the incumbent system was plainly inequitable. A jury in Lubbock might assess a fraction of the punitive damages assessed by a jury in Beaumont for the same event.

What is the limit on exemplary damages in Texas?

Texas caps the maximum amount of exemplary damages you can receive. Texas law doesn't allow punitive damages above $200,000 or twice the amount of your economic damages, plus an amount equal to your noneconomic damages, up to a maximum of $750,000.

What is the largest punitive damages ever awarded?

5 of the Largest Personal Injury Verdicts Ever
  • $150 Billion in Burning Case. ...
  • $145 Billion in Landmark Tobacco Case. ...
  • $28 Billion for Los Angeles Smoker. ...
  • $4.9 Billion in Auto Defect Case. ...
  • $2.2 Billion in Diluted Cancer Drug Case.

Punitive Damages Under Texas Law - When are they available?

22 related questions found

What is the cap on punitive damages award?

Art. 10 § 4, “No law shall be enacted limiting the amount of damages to be recovered for causing the injury or death of any person. ” * California courts have held that the limits on non-economic malpractice damages do not prevent the awarding of punitive damages.

How much can you ask for punitive damages?

California law does not place a cap on the amount of punitive damages that can be awarded in a lawsuit.

What are the pain and suffering damages in Texas?

Pain and suffering are some of the most common categories of non-economic damages in personal injury cases. Fortunately, the courts in Texas recognize these intangible losses. As a result, Texas courts allow victims to seek financial recovery for their pain and suffering.

Does Texas have treble damages?

If the court finds the wrongful conduct was "knowingly" committed, it may award up to three times the amount of economic damages, in addition to damages for mental anguish. If the act was committed "intentionally," up to three times the mental anguish damages may be awarded.

What are the mental anguish damages in Texas?

Typically you must have a physical injury to collect mental anguish damages. Texas allows recovery of mental anguish without physical injury ONLY in the following circumstances: 1) bystander cases; 2) intentional tort – child abduction; 3) defamation; 4) invasion of privacy; 5) telegraph co.

Are punitive damages taxable in Texas?

Punitive damages are always taxable. Punitive damages are those damages awarded to the plaintiff as a punishment to the defendant. These kinds of damages are usually awarded separately from compensatory damages. This makes it easy to separate what is taxable and what is non-taxable.

How much can you sue for emotional distress in Texas?

Each person's emotional suffering after an accident is unique. Texas laws do not provide a standard formula for calculating the value of an emotional distress claim. It is left to the parties to agree to the value for an emotional distress claim or the jurors in a personal injury lawsuit.

What may punitive damages not exceed?

Although there is no maximum sum, punitive damages typically do not exceed four times the amount of compensatory damages. For example, if a plaintiff recovers $100,000 in compensatory damages and is awarded punitive damages, they most likely will receive up to $400,000 in punitive damages.

What is the tort limit in Texas?

The Texas Tort Claims Act limits damages in these claims to no more than $250,000 per person and $500,000 per occurrence for bodily injury, and $100,000 per occurrence for damaged property.

What are special damages in Texas?

In Texas, as in most states, these two types of damages are known as special damages and general damages. In this case, the concept of special damages refers to specific expenses, such as clearly quantifiable medical bills, property damages and/or loss of wages.

What assets are exempt from lawsuit in Texas?

You are judgment proof if:

You do not own anything of great value aside from exempt property like your homestead, a vehicle, household items and tools of your trade. Your income is from a protected (exempt) source.

Is there a cap on pain and suffering damages in Texas?

But there is a cap on the amount of non-economic damages you can be awarded, which are related to your pain and suffering. In Texas, a medical malpractice non-economic damage cap exists at $250,000 from each defendant, up to $750,000 maximum, regardless of the total number of defendants.

How much can you sue for pain and suffering in Texas?

There is no limit to the amount of money for which you can sue for the pain and suffering you experience in any kind of personal injury claim in Texas. As with all other non-economic harms, the compensation you are owed can be as high as the jury decides is reasonable after considering all of the evidence.

What is the Texas pain and suffering Multiplier?

The pain and suffering multiplier

In essence, each finding of non-monetary damage is assigned a number between one and five, with one being the least amount of pain and suffering, and five being the maximum. The multiplier is then applied to the economic damages associated with the accident.

What evidence is needed for punitive damages?

To be awarded punitive damages in California, you must demonstrate with clear and convincing evidence that the defendant engaged in acts of oppression, fraud, or malice. Oppression involves despicable conduct that subjects you to cruel and unjust hardship. Fraud refers to intentional deception for personal gain.

Who decides the amount of punitive damages?

Even an injury such as defamation can be considered as qualifying for general damages. Punitive damages are not fixed by law. The judge or jury may award at its discretion whatever sum is believed necessary to redress the wrong or deter like conduct in the future.

What is the most money awarded in a lawsuit?

This lawsuit resulted in a record-breaking settlement of $206 billion, paid by major tobacco companies to 46 US states to cover public health-care costs related to tobacco-induced illnesses. It remains the most substantial legal settlement to date as of 2023.

Are punitive damages capped in Canada?

General damages are only for extreme injuries, and punitive damages are only for extreme misbehavior, and the amounts of such damages are capped – generally at a much lower level than many expect.

How often are punitive damages awarded?

And in cases where they are pursued, punitive damages were only awarded in 30% of the cases where the plaintiffs prevailed against the defendant. Punitive damages are difficult to get because plaintiffs are typically required to show that the defendant acted in a particularly reprehensible manner.

Are punitive damages rarely awarded?

Punitive damages would be intended to deter that type of conduct in the future. For this reason, they are typically reserved for extreme cases and are rarely awarded.