Texas courts can award exemplary damages in wrongful death cases, but only under specific circumstances. This type of compensation is different from compensatory damages. While the latter aims to compensate the family for their loss, the former serves as a penalty to punish the wrongdoer as well as to discourage others from doing the same thing.
When are exemplary damages called for?
Courts don’t award exemplary damages for ordinary accidents or mistakes. They reserve these damages for cases involving particularly harmful or reckless actions. Courts may award these damages only when they see that the defendant:
- Deliberately does something harmful (willful act)
- Intentionally fails to do something they should, knowing it could cause harm (willful omission)
- Acts with extreme carelessness, showing no regard for others’ safety (gross negligence)
- Deliberately deceives others for personal gain (fraud)
- Acts with the intent to cause harm (malice)
The law requires “clear and convincing evidence” of these behaviors, which is a higher standard than the “preponderance of evidence” typically used in civil cases.
What factors do courts consider?
When deciding on exemplary damages, courts may ask several questions:
- How bad was the wrongdoing? They consider if it was a one-time incident or a pattern of misconduct, and how much harm it caused.
- What kind of conduct was involved? Courts examine whether the action was accidental, reckless or intentional.
- How much blame does the defendant deserve? They look at the defendant’s level of responsibility in the incident. For example, they might assign more blame to a person who ignored safety warnings than to one who made an honest mistake despite safety precautions.
- How did the situation affect everyone involved? Courts look at the impact on the victims, their families, and even the broader community.
- How much does this conduct upset the public’s sense of justice? This factor considers whether the action goes against societal values and norms.
There are also limits on the amount of exemplary damages, with the exemption of certain felony cases. They cannot be more than twice the economic damages plus up to $750,000 in non-economic damages, or $200,000, whichever is more. Courts may also consider the defendant’s net worth when they set the amount.
Understand your rights and options
No amount of compensation can replace your loss. However, exploring all options may help provide closure and security for your family’s future. Consult with an attorney today.