Personal Injury &
Wrongful Death Lawyers
click for free consultation
click for free consultation

Is There a Damage Cap for Personal Injury Claims in Texas?

Posted By Aguirre Law | December 2 2019 | Firm News, Personal Injury

After being injured in an accident, be it a motorcycle accident, car accident, or truck accident, caused by someone else’s negligent actions, you have a right to pursue damages for the costs associated with your injuries, both economical and non-economical. However, many states, including Texas, set a limit on how much a plaintiff can recover from a personal injury lawsuit, preventing them from receiving potentially millions of dollars in damages. For this reason, damage caps tend to be a controversial subject. In many cases, survivors have no chance of ever fully recovering from their injuries or partaking in many of the activities they enjoyed before sustaining the injury. That’s why talking to a San Antonio accident lawyer can help you navigate the complexities of the law.

Different Damage Caps for Different Claims

Earlier, we mentioned economic and non-economic damages. Economic damages include medical bills, property damage, and missed wages. Texas does not have a cap on economic damages involving a personal injury claim. Therefore, if you sustained an injury that resulted in $1 million in healthcare costs, you will receive compensation for those losses.

Non-economic damages include pain and suffering, mental anguish, loss of consortium, to name a few. Essentially, these damages encompass the costs that are often challenging to put a price tag on when calculating compensation. Texas does not have a cap on non-economic damages, unless the case is a medical malpractice claim.

Here are the damage caps for medical malpractice claims in Texas:

  • You cannot sue a healthcare facility for more than $500,000 total
  • You cannot sue an individual doctor for more than $250,000 total
  • Non-economic damages in a medical malpractice claim cannot exceed $750,000

Texas also allows plaintiffs to recover punitive damages in cases involving gross negligence, malice, or fraud. However, these damages are capped at $200,000 or twice the amount of economic damages, but no greater than $750,000. If the personal injury was a result of a felony, damage caps will not apply.

Lastly, if the government was responsible for your injuries, your damages cannot exceed $100,000. Therefore, if you tripped over a cracked sidewalk, injured your back, and filed a claim, you will not receive more than the limit set by the state.

Discuss Your Case with an Experienced Personal Injury Today!

If you were injured by someone else’s negligent or reckless actions, you must reach out to the team at The Aguirre Law Firm, PLLC to pursue the compensation you deserve. Our San Antonio personal injury attorneys will fight to maximize damages and ensure the responsible party is held liable for your suffering. Alternatively, if your loved one lost their life in a personal injury accident, contact our San Antonio traumatic brain injury lawyers. With more than two decades of experience on our side, you can trust in our team’s ability to serve as your fierce legal advocate both inside and outside of the courtroom.

Contact our law office today at (210) 922-0808 to set up a free initial case review and discuss the details of your case with a trusted member of our legal team. We are available 24/7 to take your call!

Request Free Consultation

"*" indicates required fields

*required fields