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What Damages Can You Recover in a Texas Personal Injury Case?
In a Texas personal injury case, you can generally recover economic damages — medical bills and lost wages — in full, with no statutory cap. Non-economic damages, such as pain and suffering, are recoverable as well, though Texas does cap them in medical malpractice cases. Punitive damages are available but capped, and any recovery is reduced by your share of fault under Texas's 51% comparative fault bar.
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Economic Damages Are Uncapped
Texas places no cap on economic damages in personal injury cases — this includes past and future medical expenses, lost income, lost earning capacity, and property damage. These are calculated based on actual, documented losses.
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Non-Economic Damages, and the Medical Malpractice Cap
Pain and suffering, mental anguish, and loss of consortium are recoverable as non-economic damages in most Texas personal injury cases without a cap. The exception is medical malpractice: Texas caps non-economic damages at $250,000 per defendant, up to a total of $750,000 across all defendants, regardless of how many parties are found liable.
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Punitive Damages Are Capped
Punitive damages, awarded in cases involving gross negligence or intentional conduct, are capped in Texas at the greater of $200,000 or two times economic damages plus an amount equal to non-economic damages up to $750,000. These caps apply on top of, not instead of, compensatory damages.
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Texas's 51% Comparative Fault Bar
Texas follows a modified comparative fault rule with a 51% bar: if you are found to be 51% or more at fault for the accident, you cannot recover any damages at all. If you are 50% or less at fault, your damages are reduced by your percentage of fault. This makes liability investigation and evidence of the other party's fault especially important in any disputed Texas case.
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Q&A
Frequently Asked Questions
Are there caps on damages in a Texas car accident case?
Generally no — economic damages are uncapped, and non-economic damages like pain and suffering are uncapped outside of medical malpractice claims. Punitive damages, if applicable, are capped.
What is the cap on medical malpractice damages in Texas?
Non-economic damages in Texas medical malpractice cases are capped at $250,000 per defendant, up to $750,000 total across all defendants. Economic damages remain uncapped.
What happens if I was partly at fault for my accident in Texas?
Your damages are reduced by your percentage of fault, as long as you are found 50% or less at fault. If you are found 51% or more at fault, you cannot recover anything.
Can I get pre-settlement funding while my Texas case is pending?
Yes. Caseflow Capital reviews active Texas personal injury cases — including car accidents, 18-wheeler accidents, and other claims — for non-recourse pre-settlement funding.
How long do I have to file a personal injury claim in Texas?
Texas's statute of limitations for most personal injury claims is two years from the date of injury.
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Ready to Apply?
If you have an active personal injury case in Texas, Caseflow Capital can review your application for pre-settlement funding — most reviews are completed within 24 hours.