When you’re involved in a car accident, your first step while you recover is to file a personal injury claim. In your claim, you are entitled to ask for monetary compensation equivalent to the physical and emotional damages that you sustained during the accident. What you may not know is that there is an additional form of compensation that is available in certain cases — punitive damages.
When an accident stems from a person’s malicious actions or intentional negligence, this may give grounds for punitive damages to be awarded in your case. Punitive damages can significantly increase the total compensation you are able to receive. However, there are rules surrounding them. These types of damages are often awarded in cases where extreme negligence has been shown, but it’s on the injured party to prove that punitive damages should be considered.
Because punitive damages must be fully proven, it can be difficult to know if your case qualifies for them. The actions of the responsible party must meet certain criteria before punitive damages can be considered. Our car accident lawyers at García Injury Law can help. We are here to help our clients better understand punitive damages and what sort of evidence is needed to present a case for them.
Understanding Punitive Damages: Definition and Purpose in Car Accident Cases
Punitive damages are different from other types of compensation that are awarded during a personal injury claim. In Chapter 41 of the Texas Civil Practice and Remedies Code, punitive damages are also referred to as “exemplary damages” and are “awarded as a penalty or by way of punishment but not for compensatory purposes.” This means that any punitive damages are above and beyond the regular compensation that a person who files a personal injury claim may be requesting for injuries and damages directly related to the accident. Punitive damages may be awarded in particular when an accident was intentional.
Regular compensation for your personal injury claim may include the costs you paid because of the accident, which are divided into two categories — economic and noneconomic damages. Economic damages include all medical bills related to the accident, physical therapy or other treatments needed for healing, counseling for emotional healing or PTSD, or the total cost of your lost wages and future lost wages. Future medical needs are also added to this total. Noneconomic damages include pain and suffering that you experienced. The baseline total for the above injuries will be the amount on which your potential punitive damages are based.
Our lawyers are experienced in calculating your total damages, including projecting future needs, and we can help you determine what your potential punitive damage total might be.
Criteria for Awarding Punitive Damages in Car Accident Lawsuits
The burden of demonstrating the basis for punitive damages in Texas lands on the shoulder of the person filing the personal injury claim. This means that the injured person must prove that the punitive damages should be awarded. Section 41.003 of the Texas Civil Practice and Remedies Code states that punitive damages may only be awarded:
- In the case of fraud
- If there is gross negligence involved
- If the actions of the person who caused the accident were malicious
Because it is up to the plaintiff to acquire the evidence that lays the groundwork for punitive damages, this can be an extra burden when preparing a personal injury claim. Evidence for a regular claim may be hard to come by—adding the extra layer of proving that the responsible party was also negligent or had ill will towards the injured party can be difficult. Because of this extra step, we advise that you speak with a trusted council about the best ways to proceed in a claim that could involve punitive damages.
The Role of Negligence and Recklessness in Justifying Punitive Damages
Not every personal injury claim may be eligible for punitive damages. And even though the terms “gross negligence” and “malice” are defined in the Texas Civil Practice and Remedies Code, it can be up to the mediator, judge, or jury to fully decide what constitutes those actions when they award punitive damages. Below are a few examples of punitive damages after a car accident.
Punitive damages for gross negligence might include situations where:
- One driver cuts in front of a vehicle sharply, so they are forced off the road
- A driver who is recklessly speeding or racing other cars
- A driver who ignores stated road signs, like running red lights
- A driver is operating a vehicle they know to be unsafe
- A driver is texting or on the phone while driving
- A driver is operating a vehicle while drunk or under the influence of drugs
Malice in car accidents often occurs if the person responsible for the accident was using their vehicle as a weapon, for example:
- A driver who intentionally runs another vehicle off the road
- A driver who intentionally tries to hit another car or pedestrian
- A driver who purposefully engages in dangerous driving while others are around, with the intention to harm others
- Intentionally driving too close to another car or behind a car
Punitive damages may also be awarded in personal injury claims that cover product liability. Corporations that do not provide sufficient quality control or that allow cars or vehicle parts to go to market while knowing about a defective state could be liable for punitive damages. While it might seem intimidating to engage a corporation, our lawyers are experienced in interacting with business entities as well as individuals.
What Counts as Proof for Punitive Damages?
It can be difficult to get solid evidence proving gross negligence or malice. While your word matters, and we take the statements of our client’s versions of the accidents seriously, if there’s no evidence, it can become your word versus the other person’s. Evidence that could tip the scales in your favor could look like:
- Witness statements that recount the aggressive or negligent behavior of the person responsible for the accident
- Dashboard camera footage showing a driver intentionally behaving in a dangerous manner on the road
- Traffic camera footage that catches a driver behaving in a dangerous manner or directly attempting malicious actions
- Photos or videos from bystanders who witnessed the accident, where the camera clearly demonstrates that one driver was attempting to harm another driver or interfere with their driving or where one driver was behaving in a manner that disregarded the safety of others
It’s important to speak to bystanders at the scene of the accident so you have the potential proof you need to prove negligence or malice.
What Our Legal Team Can Do For You
Our lawyers are well-versed in gathering evidence and building cases for our clients. We can assist you in gathering the necessary evidence so that you’re prepared. We can:
- Collect witness statements, videos, police reports, and other supporting evidence
- Build a case for punitive damages based on the evidence
- Take your case to court and fight for your compensation
Our lawyers are here for the support you need. Count on us to answer your questions and support your personal injury claim to help ensure that you receive the full compensation you deserve for your injuries.
Limitations and Caps on Punitive Damages in Car Accident Cases
It can be unimaginable to try to assess what constitutes righteous repayment for the suffering you have been caused. However, there are caps to the amounts that can be paid as punitive damages. The amount that you are able to recover for punitive damages is directly related to the amount that you are awarded for economic and noneconomic damages in your personal injury claim.
The cap on punitive damages is:
- Twice the amount of economic damages awarded PLUS up to the amount of noneconomic damages awarded (which must not exceed $750,000)
Or
- $200,000
For example, if you were awarded $200,000 in economic damages and another $50,000 in noneconomic damages, the total amount for punitive damages alone could be:
$200,000 x 2 = $400,000
+
$100,000 x 1 = $100,000
_______
$500,000
In this example, you would be regaining half a million more in compensation. The more you are awarded in economic and noneconomic damages, the more your punitive damages award could possibly be. This total would be on top of any other compensation that was requested in your personal injury claim.
Contact García Injury Law’s Attorneys Today
Our lawyers are ready to help Texans assert their rights to reclaim compensation for their car accidents. We understand how stressful the aftermath of a car accident is and how much it affects your daily life. We’re here to create a smoother path for you.
Set up a complimentary consultation with our lawyers so they can help you determine if the specifics of your case meet the criteria for punitive damages. Call us today at 512-474-4487 or send us a message online to get your questions about punitive damages answered and your personal injury claim started.