Texas Civil Practice and Remedies Code 147.122 – Damages Not Recoverable
Current as of: 2023 | Check for updates
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(a) Subject to § 147.121, a claimant may not recover the following damages in an action:
(1) damages for mental anguish, loss of consortium, or loss of companionship;
(2) exemplary or punitive damages unless the claimant proves by clear and convincing evidence that the conduct of the defendant was committed with fraud or malice;
(3) additional damages under § 17.50(b)(1), Business & Commerce Code, unless the trier of fact finds the conduct of the defendant was committed with fraud or malice; or
(4) consequential damages, unless they were reasonably foreseeable.
(b) In this section:
(1) “Fraud” means fraud other than constructive fraud.
(2) “Malice” means a specific intent by the defendant to cause substantial injury to the claimant.
Terms Used In Texas Civil Practice and Remedies Code 147.122
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.