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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.

Last reviewed: June 5, 2026

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 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.

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