Sec. 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 41.001.
(b) Subject to Section 41.008, the determination of whether to award exemplary damages and the amount of exemplary damages to be awarded is within the discretion of the trier of fact.
Added by Acts 1995, 74th Leg., ch. 19, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 204, Sec. 13.07, eff. Sept. 1, 2003.
Structure Texas Statutes
Civil Practice and Remedies Code
Title 2 - Trial, Judgment, and Appeal
Section 41.003. Standards for Recovery of Exemplary Damages
Section 41.004. Factors Precluding Recovery
Section 41.005. Harm Resulting From Criminal Act
Section 41.006. Award Specific to Defendant
Section 41.007. Prejudgment Interest
Section 41.008. Limitation on Amount of Recovery
Section 41.009. Bifurcated Trial
Section 41.010. Considerations in Making Award
Section 41.0105. Evidence Relating to Amount of Economic Damages
Section 41.011. Evidence Relating to Amount of Exemplary Damages
Section 41.0115. Discovery of Evidence of Net Worth for Exemplary Damages Claim
Section 41.012. Jury Instructions
Section 41.013. Judicial Review of Award
Section 41.014. Interest on Damages Subject to Medicare Subrogation