Compensation caps in personal injury lawsuits are legal limitations placed on the amount of money that an injured party can recover for certain types of damages. The primary idea behind imposing such caps is to prevent the potential for disproportionately large awards in personal injury lawsuits, which some falsely argue lead to a rise in insurance premiums and negatively impact the availability of certain services, such as healthcare.
There are three types of damages in Texas:
- Economic damages
- Non-economic damages
- Punitive damages
In Texas, there are no caps on the amount of economic damages you can recover. Economic damages include medical costs, lost wages, loss of earning capacity, and property damage.
Non-economic damages are also not capped in Texas, except for medical malpractice cases. Non-economic damages include pain and suffering, emotional pain, anxiety and stress, loss of companionship, and loss of consortium.
Punitive damages are capped at $200,000 or double the economic damage plus non-economic damages up to $750,000, whichever is greater. Caps do not apply if the negligence stems from acts committed during a felony.
If you have been injured in a personal injury accident and need to file a lawsuit to recover for your damages, look no further than the team at the Law Office of Shane McClelland, PLLC. We have proudly served our local community with its personal injury needs for nearly 20 years and would love to do the same for you today.
Types of Damages Subject to Caps in Texas
In Texas, the law imposes caps on certain types of damages that can be awarded in personal injury lawsuits, primarily punitive damages, medical malpractice cases, and cases against public entities. For instance, Texas law limits non-economic damages in medical malpractice cases to $250,000 for suits against doctors or individual health care providers, and for suits against healthcare facilities, non-economic damages cannot exceed $500,000.
Texas offers a lot of protection from personal injury lawsuits against public entities. In the rare instance when the government is held accountable for its negligence and personal injury damages, the caps are $250,000 for one person and $500,000 for the entire event.
This means that no matter the extent of pain, suffering, or mental anguish you or a loved one experience, compensation for these non-economic losses and punitive damages cannot exceed these statutory limits.
It’s notable, however, that these medical malpractice caps differ from those applied in other types of personal injury cases and do not apply to economic damages, allowing plaintiffs to recover the full extent of their calculable losses, such as medical expenses and lost income, without limitation.
Beyond medical malpractice, cases against public entities, and punitive damages, Texas law is generally more permissive, with few caps on damages in other types of personal injury cases. This distinction underscores the importance of understanding the specific nuances of Texas’s legal landscape when pursuing a personal injury lawsuit.
Navigating Your Personal Injury Lawsuit With Dedicated Legal Assistance
A knowledgeable attorney can provide invaluable guidance on how these monetary caps might affect your case and work diligently to ensure that you receive the maximum compensation allowable under the law. At the Law Office of Shane McClelland, PLLC, we pride ourselves on our deep understanding of Texas law and our commitment to personalized, effective legal strategies. Our team is adept at navigating the intricacies of compensation caps, ensuring that our clients’ rights are vigorously defended throughout the legal process.
Choosing the right legal representation can make a significant difference in the outcome of a personal injury lawsuit. The Law Office of Shane McClelland, PLLC, has a proven track record of success, demonstrating our ability to achieve favorable outcomes for our clients, even in the face of challenging legal limitations like compensation caps, in some cases. Our approach is centered on a thorough understanding of each client’s unique circumstances and goals, combined with a relentless pursuit of the best resolution for each client and each case.
Injured in a Personal Injury Accident? Meet With Our Team Today
At the Law Office of Shane McClelland, PLLC, we specialize in navigating the intricate landscape of damages – both economic and non-economic – stemming from personal injury cases in Texas. Our dedication goes beyond merely understanding these distinctions; we’re dedicated to ensuring our clients receive the most comprehensive compensation possible, meticulously accounting for every aspect of their suffering and loss.
We’re not just fighting for your financial restitution; we’re advocating for recognition of the full extent of your pain, suffering, and the various ways your life has been altered. If you’re curious about the role and limits of non-economic damages in your personal injury lawsuit, let’s discuss how we can help you achieve the resolution and compensation you deserve. Reach out for a free consultation by calling us at (713) 987-7107 or by using our contact form.