Punitive damages are a type of “exemplary damages” that a Texas jury can award in certain civil cases. If you were severely injured in a drunk driving accident in Houston, TX, or if you lost loved ones to a drunk driving accident like the fatal Houston hit-and-run that claimed two young lives, you could ask for punitive damages in your case.
You could obtain punitive damages where you can prove by “clear and convincing” evidence that malice or gross negligence caused your injury. The drunk driving defendant may not have sufficient financial resources to give you much of a punitive damages award. It is important to have an experienced drunk driving accident attorney to investigate your case and the defendant. Sometimes defendants will try to hide their assets to avoid paying your claim. An able attorney could see through that ruse and find the defendant’s financial assets for you.
You also need your attorney to find out if a bar, club, restaurant, or other establishment in the business of serving alcohol served the defendant the alcohol that led to the wreck that harmed you. If there is such an establishment behind the wreck, it might be liable to you for damages under the Texas Dram Shop Law.
Punitive damages awards are capped under Texas law. In most cases, punitive damages cannot exceed:
Plus an amount equal to the non-economic damages such as pain and suffering found by the jury (not to exceed $750,000); OR
$200,000.
But you may be interested to know that the cap does NOT apply in cases involving intoxication manslaughter as in the fatal Houston hit-and-run mentioned above. Of course, to benefit from the possibility of punitive damages, your case requires a solvent defendant. That’s why it’s important in drunk driving cases to have your attorney look into the possibility of an alcohol-serving establishment subject to the Texas Dram Shop Law. That “dram shop” may have been behind the defendant’s drunkenness and so you could hold it liable for your damages form the wreck.
Texas’ leading case on dram shop liability was F.F.P. Operating Partners, L.P. vs. Duenez. In the final opinion in that case, the Court held that a dram shop could only be held jointly and severally liable where it was more than 50% responsible for causing your injury. Jointly and severally liable means that in the event that your drunk driving defendant was insolvent, the dram shop would have to pay their share of the damages too. Where the dram shop is found less than 50% responsible, the damages they have to pay would be limited to what the jury decides is their share of the responsibility for your Houston, TX drunk driving accident. This share might be very small.
Your chances of recovering fair financial compensation in your case might be directly dependent upon the skill and experience of your drunk driving claims attorney. Don’t let your chance for a just recovery slip away. Call Denena Points, PC today.
We’re dedicated Houston drunk driving claims attorneys with more than 12 years of specialized experience obtaining just financial recoveries for the suffering victims of traumatic alcohol-related accidents. We could help you make your successful recovery too. So call today. Your legal consultation is free, and could help pave the way to your full and successful recovery from the defendant and any dram shop establishment that helped fuel the wreck.