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Texas Civil Practice & Remedies Code - Chapter 41 DamagesLegal Research Home > Texas Lawyer > Civil Practice & Remedies Code > Texas Civil Practice & Remedies Code - Chapter 41 Damages 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 ... (a) This chapter applies to any action in which a claimant seeks damages relating to a cause of action. (b) This chapter establishes the maximum ... (a) Except as provided by Subsection (c), exemplary damages may be awarded only if the claimant proves by clear and convincing evidence that the harm ... (a) Except as provided by Subsection (b), exemplary damages may be awarded only if damages other than nominal damages are awarded. (b) Exemplary damages may ... (a) In an action arising from harm resulting from an assault, theft, or other criminal act, a court may not award exemplary damages against a ... In any action in which there are two or more defendants, an award of exemplary damages must be specific as to a defendant, and each ... Prejudgment interest may not be assessed or recovered on an award of exemplary damages. Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, § ... (a) In an action in which a claimant seeks recovery of damages, the trier of fact shall determine the amount of economic damages separately from ... (a) On motion by a defendant, the court shall provide for a bifurcated trial under this section. A motion under this subsection shall be made ... (a) Before making an award of exemplary damages, the trier of fact shall consider the definition and purposes of exemplary damages as provided by Section ... In addition to any other limitation under law, recovery of medical or health care expenses incurred is limited to the amount actually paid or incurred ... (a) In determining the amount of exemplary damages, the trier of fact shall consider evidence, if any, relating to: (1) the nature of the wrong; ... In a trial to a jury, the court shall instruct the jury with regard to Sections 41.001, 41.003, 41.010, and 41.011. Added by Acts 1995, ... (a) Except as provided for in Subsection (b), an appellate court that reviews the evidence with respect to a finding by a trier of fact ... Last modified: August 10, 2007 |