Am I eligible for punitive damages in a catastrophic injury case?
In Texas, the answer to the question of whether you are eligible for punitive damages in a catastrophic injury case depends on the specifics of the incident. Generally speaking, punitive damages are not automatically awarded in catastrophic injury cases. In order to be eligible for punitive damages, the behavior of the liable party must have been found to have been malicious or grossly negligent. In some cases, the injured party must prove that the liable party was aware of the risks of harm, but still proceeded to engage in activity which caused the injury. In Texas, punitive damages are not typically awarded in personal injury or medical malpractice cases involving minor or intermediate injuries. Catastrophic injury is defined as a permanent injury or a death caused by the negligence of the liable party. In catastrophic injury cases, punitive damages are commonly awarded if the liable party’s behavior was found to be malicious, gross, or reckless. This means that the person or party knew the risks and consciously chose to continue with dangerous actions or failed to take reasonable precautions to protect the person from the harm. In order to be eligible to pursue punitive damages in a catastrophic injury case, an experienced personal injury lawyer must be consulted. An experienced lawyer can assess the situation and advise an injured party of their legal options.
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