Sec. 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;
(2) the character of the conduct involved;
(3) the degree of culpability of the wrongdoer;
(4) the situation and sensibilities of the parties concerned;
(5) the extent to which such conduct offends a public sense of justice and propriety; and
(6) the net worth of the defendant.
(b) Evidence that is relevant only to the amount of exemplary damages that may be awarded is not admissible during the first phase of a bifurcated trial.
Added by Acts 1995, 74th Leg., ch. 19, Sec. 1, eff. Sept. 1, 1995.
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