Three types of damages may be awarded in a personal injury claim:
- Economic Damages. Also known as special damages or consequential damages, these include medical expenses, lost wages, necessary adaptive technologies, and all other expenses and losses that can be accurately accounted
- Non-Economic Damages. Also known as general damages, these include things without an established economic value, such as pain and suffering
- Punitive Damages. These are designed to punish particularly egregious behavior
Punitive damages are capped in the state of Texas. When awarded, they cannot exceed $750,000. Punitive damages are rarely awarded in personal injury cases.
In addition to punitive damages, Texas also caps medical malpractice damages. In medical malpractice cases, economic damages can be sought penny-for-penny, but non-economic damages, such as physical pain and suffering, cannot exceed $750,000.
Texas caps non-economic damages in medical malpractice cases at $250,000 per defendant. However, general damages cannot exceed $750,000, even when multiple parties share responsibility.
Texas Tort Claims Act
When the government is responsible for your accident, there are two different caps:
- $250,000 per defendant up to $500,000 for bodily injury and miscellaneous costs
- $100,000 for property damage
These caps apply to both special and general damages, further limiting the compensation victims of injury can collect from government entities.
We are Here to Help
Trying to tackle a personal injury claim alone can be complex and limiting. Some damages can be negotiated during mediation, but others, such as punitive damages, can only be awarded during a trial. The lawyers at Shaw Cowart prepare all cases for trial, even when a settlement is likely, to ensure we seek every penny our clients are due.
If you have been injured or a loved one has been killed, we encourage you to get in touch for a free case review where we can discuss your rights and options, and help you decide how best to move forward with your claim.
Please call 512-499-8900 to schedule a consultation at our Austin or San Antonio office. We serve victims of serious injury throughout Texas.