Understanding Texas personal injury damage caps

by Benjamin Treviño | April 22nd, 2024 | Blog

If you’ve been injured due to someone else’s negligence, you have the right to sue the responsible party for damages. In Texas, some types of damages are limited, or capped, but others are not. Here is a basic overview of current Texas law on damage caps.

Economic damages

There are no damage caps on economic damages in Texas. Economic damages include:

  • Medical costs
  • Lost wages
  • Lost earning capacity
  • Property damage

Documentation is key to being compensated for these types of damages. Be sure to keep all bills and records related to your losses as proof in your claim or lawsuit. Lost earning capacity is determined by factors such as employment history, skills, age, and education.

Non-economic damages

Non-economic damages are harder to calculate. These intangible damages cover losses such as:

  • Pain and suffering
  • Anxiety and stress
  • Emotional pain
  • Loss of companionship or consortium

Loss of companionship damages focus on emotional and psychological losses. Loss of consortium focuses on the loss of the physical aspect of the relationship.

In Texas, there are no damage caps for non-economic damages, except in medical malpractice cases. In a medical malpractice lawsuit, non-economic damages are capped as follows:

· Damages against doctors and other healthcare workers cannot exceed $250,000

· Damages against healthcare facilities cannot exceed $250,000

· Total non-economic damages in a Texas medical malpractice lawsuit are capped at $750,000.

Punitive damages

Punitive damages can be awarded when the defendant’s actions involve gross negligence, malice, or fraud. In Texas, punitive damages are capped at either $200,000 or double the total amount of economic damages plus the amount of non-economic damages up to $750,000 (whichever is greater). Punitive damage caps do not apply if the negligent act of the defendant results in a felony conviction.

Claims against public entities

Government agencies and other public entities in Texas are generally protected from personal injury liability. In the few cases where a government entity has been held accountable, damages were capped at $250,000 for one person and $500,000 for an individual event.

Contact J. Gonzalez

The complexity of Texas personal injury damage caps are just one more reason you need the knowledge and expertise of the J. Gonzalez Law Firm on your side. Our team will explore all your options and clear up any confusion you might have about what types of damages you are entitled to, and whether or not there will be any damage caps involved.

Contact us right now via this website, or call us at 1-800-CAR-CRASH to set up your free, no-obligation consultation. J. Gonzalez is ready to fight for you!


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