What is the max damages in Texas?
Asked by: Dr. Adrien Schaefer | Last update: November 12, 2025Score: 4.9/5 (1 votes)
This has led a few states to prohibit punitive damages in personal injury claims and others to limit the amounts that can be awarded. 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?
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.
What is the maximum 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 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.
How much can you 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 Types of Monetary Damages Are Available in Texas' Personal Injury Cases?
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.
Can you sue someone over $500?
Small Claims Court 101
While most courts don't have a minimum amount you can sue for, all courts have a maximum amount you can sue for (on average around $10,000, but it varies by state, check out our 50 State Small Claims Limits Guide).
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 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.
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 tort limit in Texas?
LIMITATION ON AMOUNT OF LIABILITY. (a) Liability of the state government under this chapter is limited to money damages in a maximum amount of $250,000 for each person and $500,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.
What are exemplary damages in Texas?
(5) "Exemplary damages" means any damages awarded as a penalty or by way of punishment but not for compensatory purposes. Exemplary damages are neither economic nor noneconomic damages. 'Exemplary damages' includes punitive damages.
How to prove punitive damages?
Punitive damages and their purpose
Civil Code section 3294 provides that a plaintiff can obtain punitive damages when it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice.
How to calculate compensatory damages?
Every case is unique, and the amount of damages you may be eligible for will depend on the facts and circumstances of your case. Compensatory damages are calculated by summing up all actual and estimated expenses related to the harm suffered.
What are special damages in Texas?
In Texas, there are no hard limits or caps placed on special damages, which means a claimant can recover the full amount of quantifiable economic losses. These monetary damages could include medical expenses, lost earnings, property damage, and other out-of-pocket expenses resulting directly from the injury.
What are treble damages in Texas?
Treble damages are a legal remedy where, in certain cases, the court is required to award the plaintiff three times the amount of actual damages determined by the jury . This remedy is often specified in statutes and is typically awarded in cases where the defendant 's actions are deemed particularly egregious .
What are the three types of caps on damages?
There are three types of damages in personal injury claims: non-economic damages, economic damages, and punitive damages. Special and general damages are alternative terms used to describe economic and non-economic losses.
What is the liability cap on damages?
Caps on Damages:
This is the most straightforward form, where the contract specifies a maximum amount of damages that can be claimed. For example, a contract might state that the total liability of a party shall not exceed a certain amount under the contract.
What is cap compensation?
While the compensation cap amount per statute is the maximum allowable amount of compensation costs for certain executives and employees of Government contractors when those costs are allocated to the Government contracts, the compensation cap amount as applied to a particular executive or employee is not necessarily a ...
What is the maximum punitive damages?
Unlike other states, California doesn't place a limit on the amount of punitive damages you can recover. A jury can award whatever amount it feels you deserve.
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.
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.
Can someone sue you for $1000?
It's crucial to understand that the Fair Debt Collection Practices Act doesn't specify a minimum debt amount for lawsuits. This means even smaller debts, including those from balance transfer credit cards, could potentially lead to legal action.
Can I sue someone for selling me a car with a lien?
Yes, you can sue the seller for fraud if you were not told of the salvage nature of the title.
Will a collection agency sue for $5000?
Yes, debt collectors can sue for payment anytime before the statute of limitation expires. Typically, debt collectors will only pursue legal action for amounts over $5,000, but they can sue for less. If a judge rules in the debt collector's favor, you may be ordered to pay by court judgment.