Pursuing financial compensation for an injury caused by another person in Texas requires some knowledge about the legal process. You will likely hear one term if you ever choose to seek a personal injury claim: damages. In simpler terms, damages are the compensation awarded to an injured party, or plaintiff, for the wrongful acts of the negligent party, or defendant. In certain states, the damages available in personal injury cases have no limits, while in others, damage caps are in place to control how much a plaintiff can recover.
What Is a Damage Cap?
When damages are awarded in a personal injury case, they offer financial compensation to the victim to make them whole again after an accident. In Texas, a plaintiff can recover compensation for both economic and noneconomic damages.
Economic damages are tangible losses, including medical bills and lost income, while noneconomic damages reimburse a victim for physical pain, emotional suffering, and mental distress resulting from their injuries.
When personal injury law first began, there were no caps on damages that injured parties could recover from a defendant. However, over time, some states started to introduce damage caps in order to protect the system. Damage caps are intended to dissuade people from making fraudulent or frivolous personal injury claims by placing a limit on how much compensation is available. Some states have ruled damage caps are unconstitutional, but certain caps on damages still exist in Texas.
Does Texas Have Any Damage Caps?
Yes, there are caps on damages in Texas. If you want to pursue a personal injury claim in Texas, your financial recovery may be impacted by these caps. However, they only apply to certain types of cases. Under Texas law, there are no limits placed on damages in every type of injury claim. There are only caps imposed in three scenarios.
Texas Medical Malpractice Claims
If you seek to hold a health care provider or medical facility responsible for your injuries, you cannot recover more than $250,000 in noneconomic damages from each physician or hospital. You also are unable to recover more than $500,000 collectively from all medical facilities. This means that the most you can recover in total noneconomic damages in a medical malpractice claim in Texas is $750,000.
Claims Against the Government
The Texas Tort Claims Act states that you can hold the government liable for its negligence and the negligence of its employees. However, damages are capped in lawsuits against the government. You cannot recover more than $250,000 per person involved, $500,000 for any single event, or $100,000 for property damage. This cap applies to both types of damages, economic and noneconomic.
Punitive Damage Claims
Punitive damages are intended to punish a defendant for gross wrongdoing, and they are not awarded in every personal injury case. If a Texas judge decides to award punitive damages, the amount cannot exceed the cap of $200,000 or twice the amount of noneconomic damages, plus an equal amount of noneconomic damages, up to $750,000, whichever is larger.
How May a Damage Cap Impact my Personal Injury Case?
In Texas, if the negligence of another left you injured, the amount you can recover in financial compensation from the at-fault party may be subject to damage caps. This will only be the case if you are pursuing a medical malpractice claim, a claim against a government entity, or punitive damages.
In a car accident case against another driver that does not involve punitive damages, you would not be subject to damage caps in Texas. If a damage cap applies to your case, you will be unable to obtain compensation beyond the statutory limit, even if the value of your damages is greater.
The laws concerning damage caps in Texas are controversial and always changing. In order to ensure you have the most up-to-date information on current damage caps, including if they will impact your personal injury claim, consult with a qualified personal injury attorney in Houston at West Loop Law and the Law Office of Nhan Nguyen, MD, JD, today.
Houston Personal Injury Attorneys
The team of Houston car wreck lawyers at West Loop Law and the Law Office of Nhan Nguyen, MD, JD can help you recover after being unfairly injured by a reckless driver. Nhan Nguyen, MD, JD, Nader A. Rabie, JD, and the rest of our team of experienced attorneys has over 14 years of combined experience, and we have the resources to pursue all possible avenues of compensation. Give us a call today at 713-840-7200 to discuss your case and see what we can do for you.
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