Find out what they are and how you can get them.
If you file a personal injury claim in Texas, you may be able to collect punitive damages. Find out what they are and how you can get them.
When you file a personal injury claim, it’s your goal to get something back for what you lost as a result of the accident. In their purest sense, punitive damages are assigned to:
To get punitive damages, the defendant has to act in a particularly outrageous, malicious, evil, or fraudulent way. Punitive damages are actually rarely awarded. You might think they’re common – but that’s because they happen most often in high-profile cases you hear about in the news.
A recent situation where punitive damages were awarded was against car manufacturer Hyundai. A Montana judge ordered them to pay $73 million for defective steering knuckles that led to the deaths of 2 teens. Hyundai had been notified for more than a decade of problems with their steering knuckles, yet failed to take action. Jurors set the original award at $240 million, while Hyundai requested to cut the award to $1 million.
But Don’t Expect Cases Like that in Texas!
That’s because Texas, like many other states, caps punitive damages. Generally, punitive damages must be related to the amount awarded for actual damages.
In Texas, the jury must unanimously agree to award punitive damages. They also have to agree on the amount.
When they decide the amount, however, they do not have information regarding punitive damage caps. So, they may offer sizable awards, when in reality an appellate court will reduce them to the cap levels or below. In some cases, punitive damages get taken away entirely.
And then, to confuse the whole issue even further, the caps are found not to apply in certain cases. For example, in Phillips v. Bramlett (2007), the court found the damages cap did not apply because the case’s facts made “Stowers doctrine” applicable. This doctrine allows an insured person to bring a claim against the insurer if that insurer negligently fails to settle a claim within the policy’s limits.
Vicki Bramlett had died because of postoperative bleeding, and her family brought a wrongful death claim against the treating physician. $11 million in actual damages and $3 million in exemplary damages were awarded.
Texas Punitive Damage Law is Very Complex!
If you think you’ve been injured as a result of someone else’s negligent or careless conduct, you need an experienced personal injury advocate who cares about your legal outcome. Don’t ignore the situation or try to handle it on your own – the other parties usually do not want to settle fairly. Instead, hire a lawyer to help you get the just financial compensation you deserve.
In the last four years, our firm made Top Verdict’s “Top 50” Personal Injury Settlements in Texas list 44 times, and the “Top 100” list 70 times.
According to TopVerdict.com, our Dallas attorneys consistently achieve some of the highest recoveries in the state of Texas. As a matter of fact, in the last four years, we’ve made their Texas “Top 50” Personal Injury Settlements list 43 times, and their “Top 100” list 70 times. For example, in 2021 one of our claims made the Top 10 list, eight made the Top 11-20 list, and ten made the Top 21-50 list. When you factor in our reduced 29% contingency fee, we are confident we will help you recover more. At Mullen & Mullen, we pride ourselves on routinely recovering full policy limits for our clients without the necessity of costly and time-consuming litigation.
According to TopVerdict.com, our Dallas attorneys consistently achieve some of the highest recoveries in the state of Texas. As a matter of fact, in the last three years we’ve made their “Texas Top 50 Personal Injury Settlements” list 43 times. For example, in 2021 one of our claims made the Top 10 list, eight made the Top 11-20 list, and ten made the Top 21-50 list. When you factor in our reduced 29% contingency fee, we are confident we will help you recover more. At Mullen & Mullen, we pride ourselves on routinely recovering full policy limits for our clients without the necessity of costly and time-consuming litigation.
We have access to state-of-the-art diagnostic technology through well-established relationships with medical doctors, surgeons, physical therapists, chiropractors, neurologists, counselors, and other healthcare providers in the entire DFW Metroplex. You receive the quality medical attention you need from local providers near where you live or work. These providers specialize in treating people hurt in accidents of all kinds and they know how to properly document injuries to meet the legal burden of proof in your personal injury case. These providers are also willing to delay billing collections until after your case is resolved so you can focus on recovering without additional stress. Physicians that don’t routinely treat accident victims as part of their practice usually turn away patients over fear of being involved in the legal process or fear of health insurance companies refusing to pay accident-related healthcare bills. Please call us at 214-747-5240 for a free consultation and some advice.
Even if you don’t have health insurance or can’t afford your deductible, Mullen & Mullen will secure you the quality healthcare and state-of-the art diagnostics you deserve with no upfront out of pocket costs.
Shane, Joseph and Regis have almost 100 years of combined experience practicing personal injury law. That doesn’t even include the combined experience of the attorneys that serve as of-counsel to Mullen & Mullen at no additional cost to our clients. Our firm continues to evolve, but we never forget our Core Values. We do the right thing, handle cases the way we would want our own case handled, and we truly listen to clients. We have over 40 years of local knowledge, and that matters!
Some lawyers forget that they represent the client, but we never have. Our legal team will make YOU the priority. You are the boss, and we will respond quickly to your requests for case updates and assistance. We guarantee that when you need to speak to your counsel, you will speak directly to your counsel, not to a paralegal or secretary, because that’s the way it should be.
Most firms hire an investigator to help develop evidence on your case and charge you back for that service. Our firm, however, has 2 full-time accident investigators on staff and we offer their services to you for free. This is another way we will maximize your compensation.
They say a picture is worth a thousand words. Video footage is worth a lot more. Our in-house videographer allows us to capture the true impact the accident has on your life beyond mere words on a piece of paper.
When necessary, Mullen & Mullen Law Firm uses cutting edge technology like 3D imaging videos to fully demonstrate the extent of our clients’ injuries to the insurance companies. This also helps maximize the value of your claim.
Mullen & Mullen’s attorneys live and work right here in Dallas, and always have. We believe in paying our success forward by helping people in the North Texas community, and are dedicated to supporting these local charities.
Our success rate speaks for itself. We consistently earn awards from TopVerdict.com for achieving the highest settlement amounts in Texas. In fact, no other law office made their 2021 Texas "Top 50" personal injury settlements list as many times as we did. We placed on it nineteen times in a single year.
You'll always be kept in the loop regarding the status of your case. Calls are answered promptly, and you can even text your dedicated legal team directly 24/7.
We'll make you feel like part of the family, not just another case. Our compassionate lawyers will take the time to listen to your story, comprehensively understand your unique circumstances, and we will tailor our legal strategies accordingly. Your best interests are at the forefront of everything we do.
Mullen & Mullen has been a mainstay in the North Texas community since 1983. Our attorneys are always willing to meet with injury victims face-to-face. You won’t be dealing with some call center hundreds of miles away or on the other side of the country (or world).
We won’t back down or be intimidated in any form or fashion. We will not allow insurance carriers to delay, deny, or minimize your claim. We never hesitate to recommend litigation if it is necessary to achieve a just outcome.
When you work with a big law firm, you'll most likely be assigned a case worker and may never even talk to your attorney. Our attorneys make themselves available and invest in your case personally.
Of course we only get paid when you do. And when we do, we discount our legal fees to 29% instead of the industry standard 33.3% for claims that settle without litigation.
It's not just the hundreds of 5-star reviews that we've earned, but the things that our clients say. Read our reviews and you'll quickly see that we put passion into our work.
The Mullen & Mullen family is here to address your concerns and make the path to recovery smooth. There are no fees to get started and you pay $0 if we don’t settle your case.
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LICENSED BY THE STATES OF TEXAS & MISSOURI FOR THE GENERAL PRACTICE OF LAW. The information on this website is not intended to be legal advice. That can only come from a qualified personal injury lawyer who is familiar with all the circumstances and facts of your specific case and the law relevant to it.