What are the Personal Injury Damage Caps in Texas?
When you file a personal injury claim, you are not entitled to an unlimited amount of money. Many states have damage caps in place to prevent victims from receiving millions of dollars in non-economic and punitive damages. This keeps awards at reasonable amounts while keeping insurance costs down for doctors, business owners and others who could be held liable for injuries.
Still, damage caps are controversial because it limits a person’s award amount, especially if they suffered a serious injury due to someone’s reckless behavior. No amount of money can bring back someone’s health, but having a lot of money can help with the recovery.
Texas does not have caps on economic costs involved in personal injury claims. Therefore, if you sustained a traumatic brain injury and are facing $1 million in medical costs and have $100,000 in lost wages, you will be compensated for those losses.
Other types of damages, however, are subject to caps. Each state is different, and Texas laws can be confusing. Read to learn more about the various caps that apply in your personal injury case.
Caps on Non-Economic Damages
Texas does not have caps on non-economic damages except in medical malpractice claims. Under Texas Civil Practice and Remedies Code §74.301, non-economic damages are limited to $250,000 for each healthcare facility. However, your total compensation from healthcare facilities cannot exceed $500,000. Plus, you cannot sue individual doctors for more than $250,000 total. Therefore, the cap on non-economic damages for medical malpractice claims is $750,000.
Caps on Punitive Damages
If an injury occurs due to gross negligence, fraud or malice, the victim may be eligible to receive punitive damages. Punitive damages serve to punish the defendant. These damages are also capped under Texas law. Under Texas Civil Practice and Remedies Code §41, punitive damages are capped at either $200,000, or twice the amount of economic damages plus economic damages, up to $750,000, whichever is greater.
There is one exception to this cap. If the personal injury was caused by a criminal act classified as a felony, no caps apply.
Caps on Government Claims
In some cases, victims file personal injury claims against the government. For example, if you tripped and fell on a cracked sidewalk, were hit by a bus or fell down steps at the local post office, you would need to file a claim against the government. Any time you file a lawsuit against the state of Texas, your total damages are limited to $100,000.
Contact a Texas Personal Injury Lawyer Today
There are several types of damages that apply in personal injury cases. If you are a victim, contact a lawyer who can value your damages and help you receive the compensation you deserve.
The Lovett Law Firm has helped many injury victims recover compensation for current and future damages. Don’t accept an insurance settlement before talking to us first. Call us today at (915) 757-9999 or contact us online to request a free consultation.