Most car accident cases end in settlements as insurance companies are reluctant to bear the costs of going to trial. If a case goes to trial, a jury could award a person compensatory damages. Compensatory damages are typically a combination of economic damages, which are actual losses that can be calculated and proven, and noneconomic damages, where the harm is more subjective and not quantifiable.
Economic damages may include medical bills, lost income, and property damage. Noneconomic damages may be for the loss of consortium, pain, and suffering, or emotional distress. Punitive damages (also called exemplary damages or vindictive damages) could also be awarded, but they are very rare.
There is a limit to punitive damages in Texas. The limit is the greater of $200,000 or twice the economic damages, plus the value of noneconomic damages up to $750,000. Since punitive damages are meant to act as a punishment, they are only awarded in cases when the defendants actions were grossly negligent or intentional.
Actions on the part of the defendant which may give rise to a claim for punitive damages include:
Driving under the influence of alcohol or a controlled substance or any other mind-altering substance, particularly if the defendant has been cited before for such behavior.
The accident was the result of a road race.
The defendant was driving at a particularly high rate of speed, especially if the speeding occurred within a school zone.
The defendant ran your car off the road.
The defendant knew that his car was unsafe because it needed maintenance.