Texas Civil Practice And Remedies Code Title 2, Chapter 41 - Damages

• Texas Section 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...
• Texas Section 41.002 - Applicability
  (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...
• Texas Section 41.003 - Standards For Recovery Of Exemplary Damages
  (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...
• Texas Section 41.004 - Factors Precluding Recovery
  (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...
• Texas Section 41.005 - Harm Resulting From Criminal Act
  (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...
• Texas Section 41.006 - Award Specific To Defendant
  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...
• Texas Section 41.007 - Prejudgment Interest
  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, Sec....
• Texas Section 41.008 - Limitation On Amount Of Recovery
  (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...
• Texas Section 41.009 - Bifurcated Trial
  (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...
• Texas Section 41.010 - Considerations In Making Award
  (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...
• Texas Section 41.0105 - Evidence Relating To Amount Of Economic Damages
  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...
• Texas Section 41.011 - Evidence Relating To Amount Of Exemplary Damages
  (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;...
• Texas Section 41.0115 - Discovery Of Evidence Of Net Worth For Exemplary Damages Claim
  (a) On the motion of a party and after notice and a hearing, a trial court may authorize discovery of evidence of a defendant's net...
• Texas Section 41.012 - Jury Instructions
  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,...
• Texas Section 41.013 - Judicial Review Of Award
  (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...
• Texas Section 41.014 - Interest On Damages Subject To Medicare Subrogation
  (a) Subject to this section, postjudgment interest does not accrue on the unpaid balance of an award of damages to a plaintiff attributable to any...

Last modified: September 28, 2016