# Exemplary (Punitive) Damages in Texas

Texas allows exemplary damages — meant to punish, not compensate — only on clear and convincing evidence of fraud, malice, or gross negligence. They are capped at the greater of $200,000 or two times economic damages plus noneconomic damages up to $750,000. The cap does not apply to certain serious felonies.

Exemplary damages punish conduct the law considers especially blameworthy. Texas sets a high bar to reach them and a formula to limit them.

## The clear-and-convincing standard

Under Tex. Civ. Prac. & Rem. Code Chapter 41, exemplary damages require **clear and convincing evidence** of fraud, malice, or gross negligence. This is a higher proof standard than the preponderance standard for ordinary damages. Routine carelessness does not qualify — the conduct must show conscious indifference or intent.

## The cap, and when it lifts

Exemplary damages are capped at the **greater of**:

- $200,000; or
- two times economic damages, plus noneconomic damages up to $750,000.

The cap does **not** apply to certain felony conduct — for example murder, aggravated assault, or intoxication manslaughter — where the underlying act is criminal.

Whether a case can support a punitive-damages claim is a fact-intensive call. A [Texas injury lawyer](/texas/) assesses whether the conduct clears the standard.

## Frequently Asked Questions

### When can I get punitive damages in Texas?

Only when you prove by clear and convincing evidence that the defendant acted with fraud, malice, or gross negligence under Tex. Civ. Prac. & Rem. Code Chapter 41. Ordinary negligence does not qualify.

### How much can punitive damages be in Texas?

They are capped at the greater of $200,000 or two times economic damages plus noneconomic damages up to $750,000. The cap is removed for certain felony conduct such as murder, aggravated assault, or intoxication manslaughter.