Texas Civil Practice & Remedies Code - Section 41.001. Definitions
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Texas Laws > Civil Practice & Remedies Code > Texas Civil Practice & Remedies Code - Section 41.001. Definitions
§ 41.001. DEFINITIONS. In this chapter:
(1) "Claimant" means a party, including a plaintiff,
counterclaimant, cross-claimant, or third-party plaintiff, seeking
recovery of damages. In a cause of action in which a party seeks
recovery of damages related to injury to another person, damage to
the property of another person, death of another person, or other
harm to another person, "claimant" includes both that other person
and the party seeking recovery of damages.
(2) "Clear and convincing" means the measure or degree
of proof that will produce in the mind of the trier of fact a firm
belief or conviction as to the truth of the allegations sought to be
established.
(3) "Defendant" means a party, including a
counterdefendant, cross-defendant, or third-party defendant, from
whom a claimant seeks relief.
(4) "Economic damages" means compensatory damages
intended to compensate a claimant for actual economic or pecuniary
loss; the term does not include exemplary damages or noneconomic
damages.
(5) "Exemplary damages" means any damages awarded as a
penalty or by way of punishment but not for compensatory purposes.
Exemplary damages are neither economic nor noneconomic damages.
"Exemplary damages" includes punitive damages.
(6) "Fraud" means fraud other than constructive fraud.
(7) "Malice" means a specific intent by the defendant
to cause substantial injury or harm to the claimant.
(8) "Compensatory damages" means economic and
noneconomic damages. The term does not include exemplary damages.
(9) "Future damages" means damages that are incurred
after the date of the judgment. Future damages do not include
exemplary damages.
(10) "Future loss of earnings" means a pecuniary loss
incurred after the date of the judgment, including:
(A) loss of income, wages, or earning capacity;
and
(B) loss of inheritance.
(11) "Gross negligence" means an act or omission:
(A) which when viewed objectively from the
standpoint of the actor at the time of its occurrence involves an
extreme degree of risk, considering the probability and magnitude
of the potential harm to others; and
(B) of which the actor has actual, subjective
awareness of the risk involved, but nevertheless proceeds with
conscious indifference to the rights, safety, or welfare of others.
(12) "Noneconomic damages" means damages awarded for
the purpose of compensating a claimant for physical pain and
suffering, mental or emotional pain or anguish, loss of consortium,
disfigurement, physical impairment, loss of companionship and
society, inconvenience, loss of enjoyment of life, injury to
reputation, and all other nonpecuniary losses of any kind other
than exemplary damages.
(13) "Periodic payments" means the payment of money or
its equivalent to the recipient of future damages at defined
intervals.
Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, § 2.12, eff.
Sept. 2, 1987. Amended by Acts 1995, 74th Leg., ch. 19, § 1, eff.
Sept. 1, 1995; Acts 2003, 78th Leg., ch. 204, § 13.02, eff.
Sept. 1, 2003.
Section: 38.003 38.004 38.005 38.006 39.001 39.002 40.001 41.001 41.002 41.003 41.004 41.005 41.006 41.007 41.008
Last modified: August 11, 2007
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