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Exemplary Damages in a Personal Injury Case

Exemplary Damages in a Personal Injury Case

Many accident victims are aware that when they are injured by another's negligence, carelessness, or wrongful act, they have the legal right to pursue monetary compensation from the at-fault party by filing a personal injury claim. Although this concept may be clear and straightforward, far too many victims and families are unaware of how courts award compensation and what exactly this compensation award can entail.

At the Daspit Law Firm, our Houston personal injury lawyers place an emphasis on ensuring that our clients are fully aware of their rights and that they have the information and answers they need to understand the personal injury claim process. As such, we also take the time to help local residents and prospective clients understand just what type of compensation they may be entitled to when filing a personal injury claim.

Types of Damages in a Personal Injury Claim

Although compensation will always vary depending on the unique facts inherent to a case, courts will generally award injured victims and/or their loved ones compensation in the form of economic and non-economic damages. In some cases, but not all, courts may also award exemplary damages.

Exemplary damages are essentially punitive damages designed to accomplish several things:

  • Further punish at-fault parties for gross negligence, fraud, or malice
  • Set an example that deters others from committing such negligent acts
  • Award further compensation to victims and/or their families

Under Texas law, victims – or their attorneys – must prove that their damages came as a result of an act of fraud, malice, or gross negligence in order to recover exemplary damages. By conducting thorough investigations, securing the necessary evidence, and presenting these elements clearly and convincingly in court, our legal team can secure exemplary damages on behalf of our clients so as to maximize their compensation.

When Are Punitive Damages Awarded?

Exemplary damages are not always applicable in every case. In fact, a large percentage of personal injury cases do not permit or award exemplary damages. When exemplary damages are permitted, however, our attorneys work aggressively to ensure that they are successfully obtained. While the types of cases for which exemplary damages may be available can vary, a common example would be drunk driving accidents.

This is because drunk driving is an illegal act that any reasonable person should know to be grossly negligent and extremely dangerous. If you would like more information about exemplary damages, how they may apply to your particular case, and what the Daspit Law Firm can do to secure the compensation you rightfully deserve, please do not hesitate to contact a Houston personal injury attorney at our firm.

For more information, please contact the Daspit Law Firm 24/7 for a free consultation.