If you’re injured in an accident in Texas, you might be eligible for compensation. However, Texas law sets limits (called “damage caps”) on certain types of compensation. Knowing how these caps work can help you better understand your personal injury case.
Here, we’ll clearly explain damage caps in Texas and how they might affect your personal injury claim.
What Are Damage Caps in Texas?
“Damage caps” are legal limits set by the state on the amount of money you can receive for certain types of harm. These limits usually apply to non-economic damages, which include things like pain and suffering and emotional distress.
Caps do not usually apply to economic damages, which cover medical bills, lost wages, out-of-pocket expenses, and other direct financial losses. Generally speaking, these caps aim to control the amounts awarded by juries to keep lawsuits from becoming too expensive.
Damage Caps in Texas Medical Malpractice Cases
Texas has clear damage caps specifically for medical malpractice cases. If you’re injured due to a doctor’s or hospital’s mistake, Texas law limits non-economic damages like pain and suffering to:
- $250,000 per healthcare provider
- $500,000 total if your case involves multiple providers or institutions
These caps apply only to non-economic damages. Economic damages, such as medical bills or lost wages, have no caps under Texas law. This means you can always recover the full amount of your documented financial losses from medical malpractice.
Damage Caps on Punitive Damages in Texas
Texas also limits punitive damages, also called “exemplary damages.” Punitive damages punish defendants who cause harm intentionally or through severe negligence. These are separate from economic and non-economic damages.
Texas law limits punitive damages to the greater of $200,000 or twice the amount of your economic damages, plus an equal amount of your non-economic damages, up to $750,000.
This cap helps prevent extremely high punitive awards, keeping cases reasonable while still punishing serious wrongdoing.
No damage caps for Most Texas Personal Injury Cases
It’s important to understand that Texas does not set caps on damages for most personal injury cases, such as car accidents, truck accidents, and slip-and-fall injuries. In these common cases, you can fully recover economic and non-economic damages without state-imposed limits.
That means, after a typical accident, you can seek full compensation for things like:
- Medical expenses and future treatment costs
- Lost wages and reduced earning capacity
- Pain and suffering, emotional distress, and other non-economic harms
Only in specific cases, like those involving medical malpractice or punitive damages, will you face strict caps.
What Should You Do if You’re Injured in Texas?
If you’re injured in Texas, the steps you take after the accident can greatly affect your claim. Remember to do the following:
- Report the accident right away, especially if it involves vehicles or property.
- Seek immediate medical attention, even if your injuries seem minor at first.
- Keep thorough records of medical visits, treatments, and any missed time at work.
- Do not admit fault or apologize, as this can negatively impact your claim.
- Document all the evidence you can about the accident, including taking pictures and gathering witness contact information.
Next, consult a Texas personal injury lawyer who can help determine exactly what damages you’re eligible for and navigate any caps that might apply.
Contact a Personal Injury Lawyer in Texas for a Free Case Review Today
Texas damage caps can be confusing, especially if your case involves medical malpractice or punitive damages. A skilled Texas personal injury attorney can clearly explain how these limits apply to your case and fight to ensure you receive fair compensation.
Most Texas personal injury lawyers offer free initial consultations and only charge fees if they win or settle your case. Contact McMinn Personal Injury Lawyers today to get started.
Contact our Personal Injury Lawyers at McMinn Personal Injury Lawyers for Legal Help With Your Case
If you’ve been injured, contact your nearest McMinn Personal Injury Lawyers location to schedule a free consultation today.
We serve in Austin, TX and Salt Lake City, UT.
McMinn Personal Injury Lawyers – Austin, TX Office
502 W 14th St, Austin, TX 78701
(512) 474-0222
McMinn Personal Injury Lawyers – Salt Lake City, UT Office
650 S 500 W Suite 290, Salt Lake City, UT 84104
(385) 462-7630
