Texas Caps on Civil Damages in Personal Injury Cases

When pursuing a personal injury claim in Texas, it’s crucial to understand the state’s caps on civil damages. These caps can significantly affect the amount of compensation you may receive. In this comprehensive guide, we’ll delve into the types of damages, the specific caps imposed by Texas law, and how these limitations might impact your case.

Types of Damages in Personal Injury Cases

In Texas, personal injury damages are typically categorized into three types:

  1. Economic Damages: These cover measurable financial losses such as medical bills, lost wages, and property damage.
  2. Non-Economic Damages: These address non-monetary losses like pain and suffering, emotional distress, and loss of enjoyment of life.
  3. Punitive Damages: Also known as exemplary damages, these are intended to punish the defendant for particularly egregious behavior and deter similar conduct in the future.

Texas Caps on Civil Damages

Non-Economic Damages

Texas imposes caps on non-economic damages in medical malpractice cases. According to Texas Civil Practice and Remedies Code § 74.301, non-economic damages are capped at:

It’s important to note that these caps apply only to medical malpractice cases and do not affect other personal injury claims.

Punitive Damages

Punitive damages are subject to caps under Texas Civil Practice and Remedies Code § 41.008. The cap is the greater of:

This means if you are awarded significant economic damages, the punitive damages cap can be higher.

Implications of Damage Caps

Understanding these caps is crucial for setting realistic expectations about the potential compensation in your personal injury case. While economic damages can be fully compensated, non-economic and punitive damages have statutory limits.

For instance, in a medical malpractice case, even if a jury awards you $1 million in non-economic damages for severe pain and suffering, the court will reduce this award to the $250,000 or $500,000 cap.

Navigating Your Personal Injury Claim

Given the complexity of Texas’s damage caps, it’s vital to have experienced legal representation. At Ryan Orsatti Law, we specialize in personal injury cases and are well-versed in navigating the intricacies of Texas law. Our goal is to maximize your compensation within the legal framework.

Texas caps on civil damages can significantly impact your personal injury claim. By understanding these limitations, you can better prepare for the legal process and set realistic expectations. If you have any questions or need expert legal advice, contact Ryan Orsatti Law today for a free consultation.