Apr 16, 14 • News

Most people injured by a drunk driver are aware that they are entitled to compensation related to the compensatory damages they have sustained, including medical expenses, pain, and suffering, lost wages, etc.  However, many folks are not aware of the potential to recover exemplary damages as well.

What are exemplary damages?

By definition, exemplary damages are any damages awarded as a penalty or by way of punishment. Exemplary damages are damages that can be awarded to an injured party in addition to an award of economic and non-economic damages.

In Texas, exemplary damages are limited by statute under Texas Civil Practice and Remedies Code, Section 41.

Pursuant to that code, Section 41.003 provides the STANDARDS FOR RECOVERY OF EXEMPLARY DAMAGES:

(a)  Except as provided by Subsection (c), exemplary damages may be awarded only if the claimant proves by clear and convincing evidence that the harm with respect to which the claimant seeks recovery of exemplary damages results from:

  1. fraud;
  2. malice;  or
  3. gross negligence.

(b)  The claimant must prove by clear and convincing evidence the elements of exemplary damages as provided by this section.

In certain circumstances, the statutory limits on exemplary damages are inapplicable with regard to injuries caused by a drunk driver and only limited by the finding of the jury and the review of the judge. The attorneys at The Farah Law Firm, P.C. have the experience to ensure that you receive every cent that you are entitled to as a result of suffering an injury caused by a drunk driver.

Call The Farah Law Firm to Ensure You Are fully Compensated

If you are hurt in a car wreck caused by a drunk driver, contact The Farah Law Firm, P.C. today.  Our personal injury attorneys will discuss the process of initiating an insurance claim and the options available to ensure that you receive the treatment and compensation you deserve.  The initial call, consultation, and investigation are free of charge. Please do not hesitate to contact us or use our contact form to send the details of your accident to our attorneys and we will contact you promptly.

Michael Farah

About Michael Farah

Michael Farah is the founder and managing attorney of the Farah Law Firm. Mike graduated from the University of New Hampshire School of Law and is licensed to practice law in Texas and New York.

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