Does Texas have a cap on damages?
Asked by: Mabelle Vandervort DVM | Last update: December 2, 2025Score: 4.6/5 (13 votes)
In Texas, there are not any specific damage caps that limit the amount of compensation a plaintiff can recover in a personal injury case.
What is the limit on damages in Texas?
Texas Statutory Limitations on Punitive Damage Awards
In Texas, exemplary damages are limited to the greater of: Double the amount of economic damages plus non-economic damages up to $750,000 or. $200,000.
What is the damage cap in Texas?
In Texas, punitive damages are capped at either $200,000 or double the total amount of economic damages plus the amount of non-economic damages up to $750,000—whichever is greater.
What is the cap on the Texas Tort Claims Act?
(b) Except as provided by Subsection (c), liability of a unit of local government under this chapter is limited to money damages in a maximum amount of $100,000 for each person and $300,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of ...
What is the cap of damages?
Damage caps have various purposes; for instance, they can discourage malicious lawsuits and prevent the costs of transacting business from being overly inflated, but have also been criticized as unjust. Many American jurisdictions with non-economic damage caps have defined non-economic damages by statute.
Texas Medical Malpractice Damages Caps
Which states have caps on damages?
Damage caps on medical malpractice are much more common, with 26 states having caps on non-economic damages: Alaska, California, Colorado, Hawaii, Idaho, Indiana, Kansas, Louisiana, Maryland, Michigan, Mississippi, Missouri, Montana, Nevada, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, ...
What are limits on damages?
A damages cap legally limits how much you can recover from a defendant in a personal injury case. Suppose you're injured, and someone else is at fault. You can sue the other person for your damages. A damages cap will determine your maximum recovery of non-economic damages.
What is the max punitive damages in Texas?
Punitive damages are capped at the greater of $200,000 in cases in which economic damages are not awarded or an amount equal to double the economic losses plus an equal amount of non-economic damages up to $750,000.
What is the cap on pain and suffering damages?
In the 1978 Andrews Trilogy of cases, the Supreme Court set a cap of $100,000 for non-pecuniary injuries following catastrophic or serious bodily injuries. This amount is adjusted for inflation each year. In 2023, the serious impairment cap for pain and suffering damages is approximately $400,000.
What is the average tort settlement?
The average personal injury settlement amount is approximately $55,056.08, which is based on data from over 5,861 cases that were settled between 2021 and 2024.
What is the damage cap?
A damage cap is a law that restricts how much a plaintiff can recover from a defendant. The point of a damage cap is to help the economy. It prevents defendants such as hospitals and the government from large payouts that could make them go bankrupt. It also discourages false claims.
How much can I sue for in Texas?
Small Claims Cases in Texas
The limit to the amount that a person can sue for in small claims cases is $20,000. Justice courts can also settle landlord/tenant disputes such as evictions and repairs. It is always recommended you try and resolve your problems with the other party on your own.
What are general damages in Texas?
In Texas, damages include monetary and non-monetary losses. Examples of financial or economic damages include lost wages, out-of-pocket expenses, and medical bills. Non-monetary damages or general damages compensate victims for their pain and suffering.
What is the settlement cap in Texas?
Generally, caps in Texas are set at $250,000 for medical malpractice cases involving individuals as well as $500,000 for other personal injury claims. In terms of non-economic damages, Texas has adopted a cap of $750,000 per person with some exceptions.
How much can you sue for property damage?
In short, in this situation, the most you can recover is the fair market or "actual cash" value of a damaged item (the amount you could have sold it for), figured at the time the damage occurred.
What is the allowable damage limit?
Allowable Damage Limits (ADLs) incorporated in a commercial aircraft Structural Repair Manual (SRM) reflect the maximum damage that can be sustained at a specific location of a structural member without reducing strength capability below regulatory load-carrying requirements.
What is the cap on punitive damages?
What Is the Cap on Punitive Damages? The Supreme Court and the states provide guidelines for calculating punitive damages. Although there is no maximum sum, punitive damages typically do not exceed four times the amount of compensatory damages.
How do you get compensated for pain and suffering?
To make a pain and suffering claim, you will need to send the insurance company a demand letter, which is a summary of your claim and damages. In your demand letter, you should discuss your pain and suffering damages, supported by relevant documents, recorded statements, and evidence.
Is there a limit to pain and suffering?
Your time starts on the day of the accident. Also, the other limitation is the amount that you, the plaintiff, can sue for. In general, there is no cap on the amount of damages that can be awarded for pain and suffering.
What is the exemplary damages cap in Texas?
In Texas, there are statutory caps on punitive damages in personal injury cases. For instance, an award of exemplary damages may not exceed an amount equal to the greater of: Two times the economic damages plus an amount equal to any non-economic damages found by the jury, not to exceed $750,000. $200,000.
What is the difference between compensatory and punitive damages?
Punitive and compensatory damages are the two categories of damages that may be granted. Punitive damages are meant to penalize the defendant, whereas compensatory damages are meant to make up for actual losses.
What is the maximum personal injury claim in Texas?
The compensation you can receive for injuries suffered in an accident in Texas is varied. There is no limit to the compensation you can seek in a Texas personal injury case.
What is a limitation of damages?
Limitations on damages are frequently contained in general terms and conditions (GTCs), which are contract terms that are pre-formulated by one party. They are only effectively included in an agreement when the contract itself refers to them.
What is a substantial amount of damages?
What is Substantial Damage? If the repairs needed to bring a structure to its pre-damage condition will equal or exceed 50% of the market value of the structure (not including the value of the land), the structure is considered to be Substantially Damaged.
What are compensation limits?
What is the annual compensation limit? The annual compensation limit is $350,000 for 2025. Here's how it could impact your 401(k) contributions if you're a high-income earner.