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Punitive Damages After a McKinney Car Accident

If someone has been involved in an accident that was caused by someone else, they may want to file a claim to recover damages. Most of the time, the damages available for recovery are economic and non-economic. However, sometimes punitive damages may be awarded to the plaintiff. To learn more about punitive damages after a McKinney car accident, reach out to an accomplished attorney who is knowledgeable about damages following a car wreck.

Purpose of Punitive Damages

In Texas, punitive damages are referred to as exemplary damages and are in place to make an example out of the defendant so that they will never commit that type of infraction again. The purpose of punitive damages after a McKinney car accident is to punish the defendant for their outrageous behavior. In order for the plaintiff to be awarded punitive damages, they must show an extreme degree of loss and that the defendant knew their actions were dangerous.

Most punitive damage cases involve drunk driving or texting and driving. Both of these are deliberate and can cause serious damages to a person and their property.

Limits to Punitive Damages

There are limits on what the jury can punish with as punitive damages in Texas. These limits depend upon the amounts of both economic and non-economic elements after an accident. Usually, the more economic and non-economic damages are awarded, the higher the punitive damages are going to be.

The jury will do the fact-finding behind the case and then the judge turns the findings into a judgment that is enforceable for money. For example, a jury can determine there are $500,000 in punitive damages. The judge then may apply the upper limits and could reduce what the jury thinks is fair to no more than what the law allows, which could be as low as $200,000. It is also important to know that the jury’s findings cannot be increased by the judge.

Likelihood of Punitive Damages Being Awarded

Recovering punitive damages after a McKinney car accident is fairly rare. Punitive damages are often asked for, but they are rarely recovered. They are only recovered if it can be clearly proven that the negligent party knew that their actions were extremely likely to cause serious damages and chose to undertake in the activity anyway.

Even if the evidence supports punitive damages, Texas law requires the jury to consider evidence based on many factors. Some of the factors considered include the net worth of the person that caused the accident, the level of risk involved, and the severity of the wreck. The Texas Civil Practice and Remedies Code has a specific list of evidence relating to the amount of exemplary damages that the jury is to examine.

Other Facts to Know about Punitive Damages in McKinney

In the rare case when punitive damages after a McKinney car accident is awarded, they are taxed much differently than economic and non-economic damages. Damages awarded in personal injury cases are generally not taxable as income, however, punitive damages are.

Also, punitive damage verdicts are very likely to be appealed. The appellate courts have been historically hostile to the award of punitive damages, therefore, there could be a reversal to a punitive damage award.

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Mary Thompson
Mary Thompson
20:51 25 Feb 20
From the very first meeting with the McCraw Law Group we were treated with respect and care. They were so helpful is... trying to speed things up. We all know that when you have a lawsuit against some one there will be problems. This group of lawyers were very attentive and knew how to get what we needed. I will call them again if anything comes up that I need a lawyer.read more
Michael Taylor
Michael Taylor
19:46 12 Feb 20
McCraw Law Group is an exceptional firm and I could not ask for more than what I received with their services. All of... their staff, from the clerks to the attorneys, were extremely helpful and caring and constantly asked me if I needed anything or if I had any questions or concerns. If you need to have someone on your side and trust them to have your best interests in mind, I would place that trust in The McCraw Law Group.Would I recommend them to my friends and family? I would without a doubt.Would I like to have them on the other side of a courtroom and going against them? Absolutely Not.To the staff that handled my case, I greatly appreciate all of your work and the result speaks for itself. Thank you!read more
Justin Hansen
Justin Hansen
12:29 07 Feb 20
The staff at the McCraw law group are second to none. They are intelligent and hard working people that will do their... best to make sure you are set to recover physically, emotionally, and financially from any injury. Thank you so much!!read more
Zane Allen
Zane Allen
04:39 18 Dec 19
I was in an accident in March and had injuries resulting from the crash. Obviously my first call was to a doctor to get... checked out but was told I was going to need physical therapy. My second call was to the McCraw Law Group. They took care of all of the grunt work so that all I had to focus on was getting better. They were very communicative about the process, and better yet, they were incredibly responsive to any emails, calls, and questions. I was very appreciative and thankful for all of their hard work. They are a great group of people to work with when you’re needing the help.read more
Elisa Dean
Elisa Dean
15:38 16 Dec 19
I recommend The Mccraw Law Group to anyone who is hurt in an accident.My experience has been wonderful. They do the... best they can to get the most from the insurance company. My communications have been with Vanessa, Suzanne and Jason.Jason is very special to me. He understood my needs and was very caring and the sweetest attorney I have ever met. He was honest and did everything he could to bring my case to a conclusion.Vanessa and Suzanne are very sweet and are there to help every step of the way.read more
Fernando Salas
Fernando Salas
19:07 10 Dec 19
First time needing a lawyer. Everything went extremely smooth and quick. Mr. McCraw went to my house after my car wreck... and I knew at that point that I was in good hands. Everyone who works there are so nice and will answer any questions or concerns you have. Thank you guys for all of your help.read more
Adelyn Braswell
Adelyn Braswell
17:02 10 Dec 19
When me and my family recently got hit by a drunk driver. They helped us with everything we needed. We had so many... questions and didn’t hesitate to answer. It was our first time with any lawyer so they made everything so easy for us, and got it all done so quick. They did everything in their power to get us all the money we deserved. They were all so friendly and I would recommend them to anyone.read more
Courtney Brooks
Courtney Brooks
16:12 12 Sep 19
I had a wonderful experience from beginning to end with the McCraw Law Group. My case was accepted and I was kept up to... date on how it was proceeding, and when it came to a settlement, we got more than expected. Everyone was very kind, the court proceedings went smoothly and I was extremely satisfied. I will definitely use them again if anything else arises.read more
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