Mark Anderson | January 4, 2026 | Personal Injury
When someone gets injured in an accident, most people think about compensation in terms of medical bills, lost wages, and pain and suffering. These damages aim to make the injured person “whole” again.
However, Texas law allows for a different type of damages: punitive damages (known as “exemplary damages” in Texas). These damages are designed to punish the wrongdoer and send a clear message that reprehensible, egregious, or malicious conduct will not be tolerated.
It is essential for injured Texans to understand when exemplary damages may be available, what must be proven, and how to pursue accountability when a defendant’s conduct exceeds ordinary negligence.
What Are Exemplary (Punitive) Damages?
In Texas, exemplary damages are damages awarded in addition to compensatory damages. While compensatory damages reimburse the injured person for losses, exemplary damages serve a different purpose.
Exemplary damages are meant to:
- Punish defendants for particularly harmful conduct
- Deter similar behavior in the future
- Send a strong public message about safety and responsibility
Unlike medical expenses or lost income, exemplary damages do not directly relate to the victim’s financial losses. Instead, they focus on how bad the defendant’s conduct was.
How Exemplary Damages Differ From Compensatory Damages
Understanding the difference between these two types of damages helps clarify why exemplary damages are harder to recover.
Compensatory damages cover losses like:
- Medical bills
- Lost wages
- Future medical care
- Pain and suffering
- Emotional distress
These damages are available in most injury cases when negligence causes harm.
Exemplary damages, on the other hand:
- Are not available in ordinary negligence cases
- Require proof of especially wrongful conduct
- Are limited by strict legal standards and statutory caps
Texas courts treat exemplary damages as an exception, not the rule.
When Can Exemplary Damages Be Awarded in Texas?
Texas law allows exemplary damages only in specific circumstances. Texas law sets out clear requirements.
Exemplary damages may be awarded if the injured person proves that the harm resulted from:
- Fraud: Fraud involves deception that causes harm and may arise when a defendant knowingly lies or conceals information that directly leads to an injury.
- Malice: Malice is defined as intentional or knowing behavior carried out with the purpose of inflicting harm.
- Gross negligence: The defendant’s act or omission created an extreme degree of risk, and the defendant had actual awareness of the risk but proceeded anyway.
Each of these involves conduct that goes beyond carelessness.
What Must Be Proven to Recover Exemplary Damages?
Recovering exemplary damages in Texas requires more than convincing a jury that the defendant acted badly. The law imposes a higher burden of proof.
To recover exemplary damages, the injured person must prove the qualifying conduct by clear and convincing evidence. This standard is higher than the usual “preponderance of the evidence” used for compensatory damages. It requires evidence that produces a firm belief or conviction about the defendant’s conduct.
In practical terms, this means:
- Strong documentation
- Credible witness testimony
- Often, internal records or admissions
- Expert analysis in many cases
Texas courts do not allow exemplary damages based on speculation or emotion alone.
Why Exemplary Damages Matter to Injury Victims
Exemplary damages matter for several reasons beyond the financial aspect. They can do the following:
- Validate the seriousness of the wrongdoing
- Hold powerful corporations or individuals publicly accountable
- Encourage safer practices and compliance with the law
- Provide a sense of justice when conduct is especially offensive
For some victims, exemplary damages represent an acknowledgement that what happened was not just an accident, but a preventable harm caused by reckless choices.
Contact Anderson Injury Lawyers for a Free Consultation With a Dallas Personal Injury Lawyer
Exemplary damages play a limited but important role in Texas personal injury law. They exist to punish extreme misconduct and discourage dangerous behavior that puts lives at risk.
If you were seriously injured in Fort Worth, Dallas, or Austin and believe the defendant’s actions went far beyond ordinary carelessness, Anderson Injury Lawyers can help you determine if exemplary damages apply. Contact us today for a free consultation with a Dallas personal injury attorney.
We proudly serve Tarrant County, Dallas County, and throughout Texas.
Anderson Injury Lawyers – Fort Worth Office
1310 W El Paso St, Fort Worth, TX 76102
(817) 294-1900
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About the Author
Mark A. Anderson is the founder of Anderson Injury Lawyers and a Board Certified Personal Injury Trial Lawyer—an honor held by only a small percentage of Texas attorneys. He earned his law degree from Baylor University School of Law and has spent more than 20 years helping injury victims across Dallas, Fort Worth and Austin. Mark handles cases involving car accidents, truck accidents, product liability, wrongful death, catastrophic injuries, and more. Click here to view some of the successful case results Mark has achieved for his clients.
Location: Dallas, Fort Worth, and Austin, Texas
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