Texas law permits punitive damages (also called exemplary damages) in wrongful death cases involving gross negligence, malice, or willful acts. These damages serve to punish egregious conduct and deter similar behavior, going beyond typical compensation for losses. Awarded separately from economic and non-economic damages, punitive damages require clear and convincing evidence that the defendant acted with conscious indifference to human life or safety. Common scenarios include drunk driving fatalities, workplace safety violations leading to death, or medical malpractice with deliberate disregard for patient safety.

Legal Rights and Considerations

Texas Civil Practice and Remedies Code caps punitive damages at the greater of: $200,000 or twice the economic damages plus non-economic damages up to $750,000. Claims must be filed within two years of death. Insurance policies typically exclude punitive damages coverage, making them payable directly by the defendant. Plaintiffs must prove gross negligence with clear and convincing evidence - a higher standard than regular negligence claims. Cases involving punitive damages often require expert testimony and extensive documentation of the defendant's conduct. An experienced Texas wrongful death lawyer will handle all aspects of the legal claim.

Examples of accidents and injuries that can lead to a wrongful death claim include:

• New Braunfels car crashes
• New Braunfels truck accidents
• New Braunfels motorcycle accidents
• New Braunfels pedestrian accidents
• New Braunfels traumatic brain injuries
• New Braunfels spinal cord injuries

Related Resources

Courts:

• Comal County District Court (Civil Division)
• Texas Supreme Court

Support Services:

• Texas Crime Victims' Compensation Program
• Mothers Against Drunk Driving (MADD) - New Braunfels Chapter
• Wrongful Death Attorneys Association

Legal References:

• Texas Civil Practice and Remedies Code §41.003
• Texas Wrongful Death Act
• Texas Dram Shop Law

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