Compensatory damages are not capped in most types of personal injury cases in Texas. There are two main exceptions: medical malpractice claims and government tort claims.
Texas limits non-economic damages for pain and suffering, emotional distress, and disfigurement to $250,000 per defendant, with a maximum of $500,000 per case in medical malpractice claims, while all damages awarded in government tort claims are subject to certain limits.
Punitive damages, which are intended to punish a defendant, are also subject to statutory caps. Current limits are set at two times the economic damages awarded plus up to $750,000 to match non-economic damages, or $200,000, whichever is greater.
If you’ve been hurt in a car accident, a truck accident, a slip and fall accident, or if you’ve suffered a catastrophic injury because of a defective product, an experienced Round Rock personal injury lawyer can generally help you recover compensatory damages for the full value of your losses and suffering.
Economic Damages Reflect Your Actual and Verifiable Financial Losses
Economic damages are designed to make you whole. By receiving an award of economic damages, it should be as if the accident and your injury never happened, at least as far as your bank account is concerned. They relieve the financial burdens of getting hurt.
Common economic damages include:
- Present and future medical bills
- Lost wages and disability
- Reduction in earning capacity
- Property damage
- Rehabilitation
- Long-term care and assistance
When you file a lawsuit, there’s no limit on your economic damages. A skilled personal injury attorney can help you recover whatever losses you can prove. Note that insurance recoveries will be limited to the policy’s limits, which might not cover the full extent of your losses.
Non-Economic Damages Acknowledge Harder-to-Value Struggles
Non-economic damages often include money for things like:
- Chronic pain
- Loss of consortium
- Disfigurement
- Inconvenience
- Pain and suffering
- Emotional distress
These damages are limited only in medical malpractice lawsuits and claims filed against a government agency. A personal injury lawyer can establish the full value of these non-economic harms to protect your claim.
Under Texas Civil Practice and Remedies Code Section 74.301, non-economic damages in a medical malpractice lawsuit are capped at $250,000 per claimant against individual providers, $250,000 per claimant against health care institutions, and $750,000 in cases involving both providers and institutions.
Caps on Damages in Government Tort Claims
Under the Texas Civil Practice and Remedies Code Section 101.023, damages in claims against a government entity are limited. The specific caps depend on the type of government agency named in the personal injury case.
For claims against municipalities or the state, damages are capped at $250,000 per person and $500,000 per accident for bodily injury or death. There’s also a $100,000 cap on property damage per claim.
For claims against a local government agency, including a county, damages are capped at $100,000 per person and $300,000 per accident for bodily injury or death. Property damage caps are limited to $100,000 in these cases, too.
Punitive damages are not permitted under the Texas Tort Claims Act.
Contact Dow Law Firm to Evaluate Your Personal Injury Claim Value
Need help figuring out what your personal injury case is worth? Contact a Round Rock personal injury attorney from Dow Law Firm at (512) 240-9951 to schedule a free consultation.
Our personal injury lawyers can help you understand your claim’s value, explain where potential caps might limit your recovery, and provide helpful guidance as you take steps to pursue compensation for your injuries.