Types of Recoverable Compensation
In a legal claim for injury or wrongful death, a claimant could receive compensatory damages, which include economic damages and non-economic damages. Economic damages compensate a claimant for their out-of-pocket expenses, while non-economic damages cover intangible losses, such as pain and suffering. A claimant awarded compensatory damages may be eligible for exemplary (punitive) damages if their harm arose from fraud, malice, or gross negligence.
Texas places limits on the exemplary damages a claimant can receive. A jury may award them only if it unanimously finds liability and decides on a specific amount. The claimant must also clearly prove the existence of conditions allowing such damages.