Can a Jury Award Punitive Damages in a Texas Wrongful Death Case?

When someone dies because of another person’s negligence or reckless behavior, surviving family members may be able to seek compensation by filing a wrongful death lawsuit. In instances where the at-fault party’s behavior is determined to be especially egregious, a jury may award the surviving family punitive damages, also called exemplary damages.

Unlike compensatory damages, which are intended to compensate a family for losses caused by a death, punitive damages are intended to punish particularly serious misconduct and deter similar conduct in the future.

However, punitive damages are not available in every wrongful death case. Texas law requires a higher burden of proof and specific requirements that must be met for a jury to award them.

What Are Punitive Damages?

Punitive damages are extra damages awarded to a plaintiff on top of compensatory damages when a defendant’s actions are determined to be particularly reckless, malicious, or egregious.

While compensatory damages are meant to compensate the plaintiff, the purpose of punitive damages is to punish a defendant for particularly serious conduct and discourage similar conduct in the future.

For example, a wrongful death case involving ordinary carelessness may support an award of compensatory damages if the required elements of the claim are established. But the same case may not support punitive damages unless the evidence demonstrates a significantly higher level of misconduct or a blatant disregard for safety and life.

When Can a Jury Award Punitive Damages in Texas?

Under Texas law, punitive damages may be awarded when a claimant proves by clear and convincing evidence that the harm resulted from:

• Fraud
• Malice
• Gross negligence

This is a higher standard than the ordinary preponderance-of-the-evidence standard generally used for many civil claims.

This means the plaintiff’s attorney must establish the elements supporting punitive damages through clear and convincing evidence. Evidence of ordinary negligence, bad faith, or a deceptive trade practice alone is not sufficient.

What Is Gross Negligence?

Gross negligence is much more serious than ordinary negligence.

In general terms, gross negligence involves conduct that goes beyond simple carelessness and demonstrates a heightened degree of risk and disregard for the safety of others.

For a wrongful death claim involving gross negligence, the evidence must support more than the conclusion that the defendant made a mistake or failed to exercise ordinary care.

The plaintiff’s lawyer must show clear and convincing evidence that the defendant acted with conscious indifference to the safety of others. In other words, the defendant knew the risk was extreme and went ahead anyway.

Example of Potential Gross Negligence

If a truck driver makes an ordinary driving mistake that results in a fatal accident, the circumstances could potentially support a negligence claim. But additional evidence could raise the claim to gross negligence.

For example, imagine evidence showed that a company knowingly allowed a severely fatigued driver to operate a commercial vehicle despite significant warnings about the driver’s condition.

Whether that conduct would support punitive damages would depend on the specific facts and evidence. The important distinction is that punitive damages require proof of conduct meeting the statutory standard, not simply proof that an accident occurred.

Similarly, we could look at a fatal drunk driving accident. If a driver knowingly gets behind the wheel while heavily intoxicated and causes a crash that seriously injures or kills another person, a jury could find the driver’s conduct sufficiently reckless to justify punitive damages.

Do All Wrongful Death Cases Qualify for Punitive Damages?

No.

A wrongful death caused by negligence does not automatically justify an award of punitive damages.

Texas law specifically provides that the burden for proving punitive damages cannot be satisfied through evidence of ordinary negligence.

This distinction is important because many wrongful death cases arise from accidents in which a person or company may have acted negligently without engaging in the type of conduct required for a punitive damages award.

An attorney investigating a wrongful death claim will therefore need to examine not only whether a defendant was negligent, but also whether the evidence supports the additional requirements for exemplary damages.

How Does a Jury Decide Whether to Award Punitive Damages?

If punitive damages are submitted to the jury, the jury must determine whether the legal requirements for an award have been met.

Texas law requires a unanimous jury to find liability for exemplary damages and to determine the amount of exemplary damages to be awarded. In this process, the jury also considers factors relating to the nature and severity of the defendant’s conduct.

These factors include:

• The nature of the wrongdoing
• How serious the defendant’s actions were
• How much blame the defendant deserves
• The circumstances of the people or parties involved
• How unacceptable the defendant’s actions were
• The defendant’s net worth

Are Punitive Damages Separate From Wrongful Death Damages?

Yes.

Compensatory damages are intended to compensate surviving family members for losses resulting from a person’s death. Depending on the circumstances and applicable law, those damages can include both economic and noneconomic losses.

Punitive damages serve a different purpose. They are intended as a penalty or punishment rather than compensation.

A jury may therefore consider both the losses suffered by the family and the nature of the defendant’s conduct when determining an award. The punitive damages are then awarded in addition to the compensatory damages.

Are There Limits On Punitive Damages in Texas?

Yes.

Texas generally places a statutory limit on exemplary damages like punitive damages.

Under Texas Civil Practice and Remedies Code Section 41.008, exemplary damages generally cannot exceed the greater of:

1. Two times the amount of economic damages, plus an amount equal to noneconomic damages found by the jury, up to $750,000; or
2. $200,000.

There are statutory exceptions to these limitations for certain types of conduct, including certain serious felonies committed knowingly or intentionally.

Because the calculation can depend on the specific claims and circumstances of a case, families should have an experienced wrongful death attorney evaluate the potential damages in their case.

Can Punitive Damages Be Awarded in a Trucking Wrongful Death Case?

Potentially.

Commercial trucking cases can involve complicated questions about driver conduct, company policies, training, vehicle maintenance, hours of service, loading practices, and other issues.

An investigation may uncover evidence showing that a defendant knew about a dangerous condition or conduct but failed to take appropriate action.

However, the existence of a serious trucking accident or fatality does not automatically establish gross negligence or justify exemplary damages. The evidence must satisfy the requirements established by Texas law.

Can Punitive Damages Be Awarded in a Workplace Wrongful Death Case?

Potentially.

Workplace deaths may involve questions about safety procedures, employee training, equipment maintenance, hazardous conditions, or regulatory compliance.

If the evidence demonstrates conduct that rises to the level required for punitive damages, a jury may consider whether an award is appropriate.

As with other wrongful death cases, however, proving that an employer or another party was negligent is not necessarily enough to establish entitlement to exemplary damages.

Why Is Evidence Important in a Punitive Damages Claim?

Evidence is particularly important when a family is seeking punitive damages because of the heightened burden of proof.

Your attorney may investigate whether the defendant:

• Knew about a dangerous condition
• Received warnings or complaints
• Had experienced similar incidents
• Ignored safety concerns
• Violated applicable safety requirements
• Failed to correct a known hazard
• Had policies or procedures that contributed to the incident
• Took actions that demonstrated a conscious disregard for the safety of others

Documents, photographs, videos, witness statements, company records, inspection reports, maintenance records, training materials, and expert testimony may all become important evidence.

A thorough investigation can help establish not only what happened, but also what the defendant knew and how the defendant responded.

Can a Family Receive Punitive Damages After a Wrongful Death?

Potentially, yes.

A jury can award exemplary damages in a Texas wrongful death case when the legal requirements are satisfied and the claimant proves the necessary elements by clear and convincing evidence.

However, punitive damages are not guaranteed simply because a person died due to another party’s negligence.

The specific facts of the case, the defendant’s conduct, the available evidence, and the applicable law will determine whether exemplary damages may be pursued.

How Can a Wrongful Death Attorney Help?

A wrongful death attorney can investigate the circumstances surrounding a person’s death, identify potentially responsible parties, gather and preserve evidence, and determine whether the facts support a claim for compensatory and exemplary damages.

Because exemplary damages require a higher burden of proof than ordinary negligence claims, investigating the defendant’s conduct can be particularly important.

If you have lost a loved one because of another person’s or company’s actions, Thomas J. Henry Law can help you understand your legal options and determine whether you may have grounds for a wrongful death claim, including a potential claim for exemplary damages.