Texas Exemplary (Punitive) Damages Cap Calculator (CPRC § 41.008 & Felony Cap-Busters)
Governing Texas Statutory Formula: CPRC § 41.008
Compute the exact maximum exemplary (punitive) damages permitted under Texas Civil Practice and Remedies Code § 41.008(b) based on economic and non-economic jury findings, and check whether one of the 17 Penal Code felony 'cap-busters' in § 41.008(c) removes the cap entirely.
Interactive Exemplary Damages Cap Calculator
How the Texas CPRC § 41.008 Punitive Cap Formula Works in Practice
Under Texas Civil Practice and Remedies Code § 41.008(b), even when all 12 jurors unanimously find by clear and convincing evidence that a defendant acted with gross negligence or malice (§ 41.003), the trial judge must reduce the jury's exemplary damages award to the greater of: (1) two times the amount of economic damages (medical bills + lost earning capacity), PLUS an amount equal to any non-economic damages found by the jury, not to exceed $750,000; OR (2) $200,000.
For example, if a Texas jury awards $400,000 in economic damages and $1,000,000 in non-economic pain and mental anguish, the maximum permissible exemplary damages award under § 41.008(b) is (2 × $400,000) + $750,000 = $1,550,000. However, if the defendant's conduct was committed knowingly or intentionally (or satisfied the statutory mens rea for felony Intoxication Assault under Tex. Penal Code § 49.07 or Intoxication Manslaughter under § 49.08), § 41.008(c) completely removes the statutory cap!
Frequently Asked Questions Under Texas Law
Does the Texas jury know about the CPRC § 41.008 punitive damages cap during deliberations?
No. Under Texas Civil Practice and Remedies Code § 41.008(e), the provisions of the statutory cap may NOT be made known to a jury by any means, including voir dire, introduction into evidence, argument, or instruction. The judge applies the cap post-verdict when signing the final judgment.
Can a 10-2 Texas civil jury verdict award exemplary damages?
No. While a 10-of-12 majority verdict suffices for ordinary negligence and compensatory damages in Texas District Court (TRCP 292(a)), TRCP 292(b) and CPRC § 41.003(d) mandate that a verdict awarding exemplary damages must be unanimous (12-0 in District Court or 6-0 in County Court) as to both gross negligence liability and the dollar amount of exemplary damages.
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