Are punitive damages available in brain injury cases?

In general, punitive damages are available in civil lawsuits in Texas, including brain injury cases. Punitive damages are a form of compensation that is intended to punish intentional wrongdoing that caused the injury. If the evidence shows that the defendant acted maliciously, recklessly, or with gross negligence, then punitive damages may be awarded. In Texas, a plaintiff—the individual injured—must prove that the defendant acted intentionally or with gross negligence in order to be eligible to receive punitive damages. The plaintiff must demonstrate that the defendant was aware their actions could cause serious harm or damage and acted with disregard for the safety of others. A plaintiff must also be able to establish that the damages were caused by the defendant’s conduct. In brain injury cases, these standards can be difficult to meet. Generally speaking, proving that a defendant knew their actions would cause brain injury requires a significant amount of evidence. For this reason, most plaintiffs in Texas brain injury cases opt not to pursue punitive damages. However, if the plaintiff can present clear and convincing evidence that the defendant’s actions were egregious, then they may be able to recover punitive damages.

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Are punitive damages available in brain injury cases?

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