Punitive/Exemplary Damages
In many cases, a defendant's conduct is so careless or outrageous that the law provides for an additional punishment in order to deter that person from engaging in that type of conduct in the future. In civil cases, this form of punishment is referred to as punitive or exemplary damages. Both Louisiana and Texas law allow a person to recover punitive damages in certain limited circumstances.
In Louisiana, a person injured in an automobile accident that occurred because the person who caused the accident was intoxicated can recover punitive damages against the intoxicated driver. Texas law, on the other hand, allows for recovery of punitive damages in many more types of cases. Specifically, Texas law allows a person to recover punitive damages (1) if the defendant acts with gross negligence; (2) if the defendant intends to cause serious injury; or (3) if the defendant commits fraud. No matter what the basis of your claim though, there are important limitations on the amount of punitive damages that you can recover and the level of proof required before a court will consider these types of damages.
The attorneys of the Dunahoe Law Firm have extensive experience with the complex issues involved in seeking punitive damages both in Louisiana and in Texas. If you believe that you or someone you know may have been injured because of the careless or intentional conduct of someone else, please give one of our experienced trial lawyers a call at 1-800-259-4460 or contact us online.