Category: Personal Injury

Do Texas Personal Injury Damages Caps Apply to Your Case?

Posted by: Kemmy Law Firm

There are various and considerable financial expenses after a personal injury accident, like medical bills, repairs, and lost wages. And you deserve to get as much as possible to cover those losses. However, there are limits to how much money you can get for some damages in Texas. Those are called personal injury damage caps.

One of the best things you can do to ensure you recover everything you are legally entitled to is work with an experienced personal injury attorney. With over 50 years of combined legal experience and millions recovered, at Kemmy Law Firm, we can evaluate your case and help you understand how much your case is worth.

Call us today (210) 735-2233 or use our online form for a free, no-risk consultation.

What Is a Damage Cap?

A damage cap is a limit set by law on how much money you can recover in a personal injury lawsuit. Damage caps apply to non-economic damages and punitive damages, both of which are not related to money you have actually paid for things after an accident.

Non-economic damages you can recover money for include:

Punitive damages are meant to punish the wrongdoer, or negligent (at fault) party, in a personal injury case. When the defendant’s actions are particularly negligent, with malice, or intentional, punitive damages may be awarded to the plaintiff.

Medical bills, lost wages, property damage, and other monetary losses are economic damages. In Texas, there are no limits on how much you can recover for economic damages. You can recover as much money as you pay out or owe in economic damages.

Damage Caps on Non-Economic Damages in Texas

Texas places damage caps on non-economic damages in medical malpractice claims. This cap is detailed in the Medical Malpractice and Tort Reform Act of 2003, also known as House Bill 4.

The total amount of non-economic damages that you can recover from health care providers is $250,000. Additionally, the maximum amount you can get from each health care facility or hospital is $250,000. Non-economic damages cannot exceed $500,000 among all medical facilities involved.

The maximum amount of non-economic damages you can get among all defendants in a medical malpractice claim is $750,000.

Damage Caps on Punitive Damages in Texas

 

Punitive damages, also called exemplary damages, are limited to $200,000 or two times the amount of the economic damages, whichever is larger. Thus, if you have $150,000 worth of economic damages, you can recover up to $300,000 in punitive damages in a personal injury case in Texas.

Limits on Lawsuits Against Government Entities

Texas also imposes damage caps on how much you can recover from a government entity in a personal injury case. Damages are capped at $250,000 per person and $500,000 per accident against the government.

Insurance Companies Don’t Want to Pay You the Max Amount

Insurance companies know there are damage caps in Texas, and their goal is to pay you as little as possible. You should consult with an attorney to make sure the insurance company isn’t lowballing you when they make you a settlement offer.

Don’t accept a settlement offer before your personal injury attorney evaluates the value of your claim and makes an appropriate demand for your damages. Only an experienced lawyer will consider all of your economic and non-economic damages and make sure you get the maximum amount possible.

Call Kemmy Law Firm Today for Help

If you or a loved one has been hurt in an accident caused by another’s negligence, you need help. You may be in pain, facing financial difficulties from bills and lost wages, and going through the emotional stress all of that brings. Because it is such a difficult time, the last thing you want to do is undermine your legitimate claim. That’s where the Kemmy Law Firm comes in.

Let us pursue fair compensation for everything that you endured.  We are here 24/7 for a free consultation. If you’re in the San Antonio, Odessa, TX, or Hobbs, NM area, contact us at (210) 735-2233 or use our online form.

There’s no risk in calling because we offer free initial consults, and are only paid when you recover compensation

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(844) 334-4388 ONLINE FORM

Get a free consultation. We do not charge up-front fees, and you owe nothing unless you recover compensation.

When you work with us at Kemmy Law Firm, you are working with a family run firm with more than 50 years of combined experience. We are dedicated and successful trial attorneys practicing in West TX, Hobbs, NM, Midland-Odessa, and across the Permian Basin. Our team handles everything from catastrophic injury claims to complex business matters. We are here to fight for you. We dedicate our time and attention to your case and use every resource available to maximize your claim and obtain the best possible outcome.