When you file a personal injury lawsuit in Texas, you seek relief from the damages you’ve incurred. Some victims suffer far more expensive damages than others, leaving them to wonder if a full recovery is possible or even allowed under Texas law. Fortunately, Texas doesn’t cap economic damages in personal injury lawsuits.
Non-economic damages are also uncapped when victims sue for car accidents, slip and falls, or other personal injuries. Damages are not promised, however, and we must prove them. We need evidence for this, such as medical bills, income records, and your testimony. If the defendant’s actions were especially egregious, you may also get punitive damages from a jury award. Punitive damages are capped in Texas, and they’re also only available from an award at trial.
For a free case and confidential review from our Austin, TX personal injury lawyers, call Cap City Injury Attorneys today at (512) 612-3110.
Does Texas Cap Economic Damages in Personal Injury Claims?
Economic damages are losses like medical bills, missed income, and any other out-of-pocket costs from an injury. You shouldn’t have to pay any of the expenses due to a negligent party, so it’s important to know whether or not Texas caps economic damages.
Fortunately, there’s no limit on economic damages in Texas personal injury lawsuits. While compensation isn’t guaranteed, it’s also not restricted. With enough evidence and the right arguments, you may recover total compensation for all economic damages, no matter how costly.
That also includes future economic damages. You may have upcoming medical appointments, be unable to return to work for months after the lawsuit, or incur other ongoing damages, like childcare services, because of a debilitating spinal cord injury.
Let us calculate the exact compensation you deserve for economic damages and help you recover it in your personal injury lawsuit.
Is There a Cap on Non-Economic Damage in Texas Personal Injury Lawsuits?
Non-economic damages are intangible losses. While they do not have intrinsic monetary value, we can assign value to your non-economic damages and seek compensation for them.
In typical personal injury lawsuits, there’s no cap on non-economic damages. That means compensation isn’t capped after a car accident, slip and fall, dog bite, bike accident, or other event due to negligence.
There are damage caps on claims against healthcare providers and hospitals, however.
While most personal injury plaintiffs can get unlimited non-economic damages in theory, proving these losses can be challenging. That’s what makes non-economic damages elusive to victims, though our Texas personal injury lawyers can help you claim these damages when handling your case.
Does Texas Limit Punitive Damages in Personal Injury Cases?
Punitive damages are limited in Texas personal injury claims. Unlike economic and non-economic damages, which seek to compensate the victim, punitive damages are used to punish defendants. If the jury awards them in your case, you get punitive damages in addition to compensatory damages, and never in place of them.
A plaintiff may seek punitive damages from a defendant who injured them through fraud, malice, or gross negligence. We need clear and convincing evidence to prove this, according to Tex. Civ. Prac. & Rem. Code § 41.008(b), and we will work hard to show why you deserve punitive damages.
Generally, Texas caps punitive damages at the greater of the following:
- Twice the amount of economic damages, plus up to $750,000 of non-economic damages awarded by the jury
- $200,000
Caps on punitive damages do not apply to plaintiffs suing defendants for felonious conduct, such as sexual assault or intoxicated manslaughter.
How Can You Get the Most Personal Injury Damages in Texas?
All victims deserve the most compensation possible after suffering personal injuries in Texas. Let our attorneys help you recover the maximum damages, and call us to take on your case right away.
Keep Bills and Other Documentation
Bills prove your losses, down to the cent. Keep all bills from the hospital, as well as other documentation that proves property damage costs and other losses. We can keep all of this information organized for you so we can readily present it in a lawsuit.
See a Therapist
Seeing a therapist may help you get more personal injury damages in Texas. Mental health professionals can assess you, and may even diagnose you with depression, panic disorder, or post-traumatic stress disorder. If your lawsuit goes to trial, the therapist can testify before the jury to explain the victim’s pain and suffering and its root cause.
Testify at Trial
You may get more compensation by testifying if your case goes to trial. The victim deeply understands their pain and suffering, making their statements very impactful for the jury. We understand why you might be wary of testifying during a trial, and we will work hard to make sure you’re comfortable proceeding if that time comes.
We can review all the questions we plan to ask while you’re on the stand, as well as any questions we anticipate the defense attorneys asking you.
Don’t Take the First Settlement
While you may get enough compensation by accepting a personal injury settlement, you shouldn’t necessarily take the first offer you receive. It may be far too low and leave too many damages uncovered. Rather than accepting the first settlement, let us negotiate a higher amount for you. In fact, don’t take any settlement until we confirm it’s fair.
Leveraging the right evidence helps get good out-of-court settlements. Eyewitnesses whose memories corroborate video, photo, or physical evidence give strong statements for our lawyers to use. Defendants faced with clear-cut evidence of their liability may end up giving fair offers. This can save plaintiffs time and resources, as they don’t have to go to trial if they accept a settlement.
Call Us for Help with Your Texas Injury Lawsuit
Call Cap City Injury Attorneys at (512) 612-3110 to discuss your case for free with our Texas personal injury lawyers.