As we mentioned above, punitive damages are certainly not awarded in every single injury case. When we examine Section 41.003 of the Texas Civil Practice and Remedies Code, we can see that exemplary damages will only be approved if there is clear and convincing evidence that the injury was caused by fraud, malice, or gross negligence of the defendant. Additionally, exemplary damages will only be awarded if a jury comes to a unanimous decision about whether they should be awarded and how much compensation should be awarded. Typically, this makes it very difficult for individuals to recover exemplary damages.
To outline how and when these damages would be awarded, let us examine driver negligence. For example, in a vehicle accident case where a driver fails to use a turn signal, punitive damages are almost never going to be awarded. However, if a driver intentionally operates their vehicle at 120 mph while racing down the highway and causes a car accident, punitive damages are much more likely to be awarded.