If you were seriously injured in Texas, it’s important to understand how damage caps could affect your compensation. State law limits how much money you can recover in certain cases, particularly Texas medical malpractice cases, Texas personal injury cases, wrongful death cases, and cases involving government liability. Caps in Texas can reduce the amount you receive for pain and suffering, loss of companionship, or punitive damages, even when the responsible party is clearly at fault.
Our legal team helps injury victims and grieving families navigate these limits and pursue the maximum compensation allowed by Texas law. We offer a free consultation to explain your legal options and how damage caps may apply.
Call 210-366-4949 or contact us today to speak with a skilled attorney from Janicek Law.
How Do Texas Claims Caps Work?
Texas caps work by placing a legal limit on the amount of compensation a claimant can receive in certain types of civil cases. These caps apply to non-economic damages arising in medical malpractice lawsuits, wrongful death cases, and lawsuits against government entities, such as pain and suffering or emotional distress.
The specific dollar amount depends on the type of defendant and the nature of the case.
For example, medical malpractice claims have separate Texas medical malpractice caps for individual providers and healthcare facilities, while cases involving government entities are limited by the Texas Tort Claims Act.
Economic damages, like medical bills and lost wages, are generally not capped unless otherwise specified by statute.
Texas Medical Malpractice Cap For Personal Injuries
Texas law limits the amount a patient can obtain for non-economic damages in medical malpractice cases involving personal injury. Under Texas Civil Practice and Remedies Code § 74.301, non-economic damages in Texas medical malpractice cases are capped at $250,000 per medical malpractice victim when suing an individual healthcare provider.
The Texas medical malpractice cap includes compensation for pain and suffering, emotional distress, physical impairment, and loss of enjoyment of life. Economic damages, such as medical expenses or lost income, are not subject to the Texas medical malpractice cap and can be recovered in full with proper evidence in medical malpractice claims.
Facility or Hospital vs Individual Provider Texas Malpractice Cap
When a medical malpractice claim is filed against both a hospital (or other healthcare facility) and a single healthcare provider, separate Texas medical malpractice caps apply.
A medical malpractice victim can recover up to $250,000 in non-economic damages from each defendant type. So, $250,000 from a single provider and an additional $250,000 from a single hospital or healthcare institution.
However, no more than $500,000 in non-economic damages can be recovered from all health care facilities combined, even if multiple are named in Texas medical malpractice cases.
How Do Combined Health Care Caps in Texas Work for Medical Malpractice Cases
In cases involving multiple health care defendants, Texas law applies a combined cap structure for non-economic damages. A patient can receive up to $250,000 from a single health care provider and up to $500,000 total from all health care institutions, regardless of how many are named in Texas medical malpractice cases. This creates a maximum non-economic recovery of $750,000 per injured patient in a single medical malpractice claim. These combined caps in Texas only apply to non-economic damages; there is no cap on economic damages, such as future medical care or lost earning capacity.
Texas Medical Malpractice Wrongful Death Cap
In Texas, medical malpractice cases that result in a patient’s death are subject to a separate damages cap under Texas Civil Practice and Remedies Code § 74.303. This statute limits the total amount of economic damages and noneconomic damages in Texas.
As of 2025, the adjusted Texas medical malpractice wrongful death cap is approximately $1.9 million. This cap in Texas includes compensation for medical bills, lost future income, funeral costs, pain and suffering, and loss of companionship. It applies regardless of the number of defendants or plaintiffs. Attorneys must prove both liability and damages within this capped structure to recover compensation in a medical malpractice wrongful death case under the Texas medical malpractice cap.
Texas Wrongful Death Damages Cap
Texas law does not impose a general damages cap on wrongful death settlements, except in wrongful death cases involving medical malpractice or government defendants.
General Wrongful Death Claims vs. Medical Malpractice:
Wrongful death claims arising from general negligence, such as auto accidents or workplace incidents, are not subject to any cap on damages under Texas law. This allows juries to award full compensation.
In contrast, wrongful death cases caused by medical malpractice are limited by an inflation-adjusted Texas medical malpractice limit. The total amount for wrongful death damages, including economic and noneconomic damages, cannot exceed approximately $1.9 million as of 2025. This limit applies regardless of the number of survivors or defendants named.
Governmental Liability in Wrongful Death Cases:
When a wrongful death claim is brought against a government agency or employee, damages are capped under Texas law. For state and local governmental units, maximum wrongful death damages are $250,000 per person and $500,000 per occurrence for bodily injury or death. These limits apply to both single and combined claims, regardless of the number of victims involved. This cap structure significantly reduces the amount that can be recovered in wrongful death settlements involving government negligence.
Texas Tort Claims Act Damages Cap
This Texas law limits how much injured parties can obtain when filing a lawsuit against a government entity. These caps apply to both personal injury cases and wrongful death cases.
Injury and Death Liability Limits:
For wrongful death or personal injury cases, the cap in Texas is $250,000 per person and $500,000 per incident. These limits affect cases regardless of how many people are injured.
Texas Property Damage Cap Under TTCA:
The property damage cap is $100,000 per occurrence.
Entities Covered:
The caps apply to state agencies, counties, cities, public hospitals, school districts, and other governmental units covered by the Texas Civil Practice and Remedies Code Chapter 101.
Texas Non-Economic Damages Cap
Caps in Texas for noneconomic damages limit compensation for pain and suffering, emotional distress, disfigurement, and loss of companionship. In medical malpractice cases, noneconomic damages are capped at $250,000 per provider and $500,000 total from all healthcare establishments, with a combined maximum of $750,000 per victim.
Difference Between Economic and Noneconomic Damages
Economic damages are measurable financial losses such as medical costs, lost wages, and future medical care costs resulting from medical negligence. Non-economic damages refer to intangible harms like emotional trauma or loss of quality of life. Only non-economic damages are capped in most personal injury cases.
What Happens if Medical Bills Exceed Policy Limits: Texas
If your medical bills exceed the at-fault party’s insurance policy, you may be left with unpaid balances unless additional defendants, umbrella policies, or underinsured motorist coverage apply. In capped cases, settlements may be limited even when actual losses, such as medical expenses, are greater. Our personal injury lawyers can evaluate other sources of compensation to help close the gap.
Contact a San Antonio malpractice lawyer to explore your legal options.
Texas Punitive Damages Cap
Texas caps punitive damages in most product liability, wrongful death, and personal injury cases under Texas Civil Practice and Remedies Code § 41.008. The punitive damages cap in Texas is the greater of $200,000 or two times the amount of economic damages plus an amount equal to noneconomic damages, not to exceed $750,000.
These caps apply when punitive damages are awarded to punish fraud, malice, or gross negligence.
Texas Punitive Damages Cap Jones Act
The punitive damages cap in Texas does not apply to Jones Act claims, as federal maritime law preempts state damage limitations. However, punitive damages are generally not recoverable under the Jones Act itself unless the injury results from intentional misconduct or unseaworthiness under general maritime law.
Contact a San Antonio oilfield injury lawyer for a free consultation to learn more.
Texas Punitive Damages Cap Exceptions
Below are situations where punitive damages damage caps can be lifted:
Drunk Driving: If a driver causes serious injury or kills another driver while intoxicated, their conduct is under Tex. Penal Code § 49.07 or § 49.08, the cap doesn’t apply. Consult a San Antonio drunk driving injury lawyer to learn more.
Sexual Assault or Abuse: When the harm results from aggravated sexual assault (Tex. Penal Code § 22.021) or indecency with a child (§ 21.11), this is removed. For instance, if a school employee sexually assaults a minor and the school district is held liable for gross negligence in hiring or supervision, punitive damages can exceed the standard limits. Consult a San Antonio sexual abuse injury lawyer to learn more.
Felony-Level Physical Assault: Assault causing serious bodily injury (Tex. Penal Code § 22.02) can trigger an exception. For example, if a nursing home employee physically assaults a resident and the nursing home ignored prior complaints, the punitive damages cap may be waived. Contact a San Antonio nursing home abuse attorney to learn more.
Financial Exploitation of the Elderly: Fraudulent conduct targeting elderly people (Tex. Penal Code § 32.46) may qualify as a felony, lifting the punitive damages cap. In a lawsuit where a home healthcare provider systematically stole funds from multiple elderly clients, punitive damages may be awarded without restriction.
Criminally Negligent Homicide in Texas Medical Malpractice Cases: Although rare, if a health care provider’s conduct results in criminally negligent homicide (§ 19.05), and a conviction or qualifying finding is made, the cap could be removed in a related wrongful death case.
Texas Exemplary Damages Cap
Exemplary damages are another term for punitive damages. This follows the same rules outlined in above, and is designed to restrict the specific dollar amount a jury can award for punishment and deterrence, except in situations resulting from felony-level misconduct or other statutory exceptions.
Cap Exemption Texas
Texas law removes damage caps in certain civil lawsuits when the defendant’s actions meet the definition of a qualifying criminal offense. To qualify, the plaintiff must prove by clear and convincing evidence that the harm resulted from conduct constituting a felony under specific sections of Texas law. Common examples include intoxication assault, aggravated sexual assault, and crimes against children or the elderly.
What Is Cap Exemption in Texas?
This is a legal exception that overrides Texas law regarding the limitation of damages. It exists to ensure that victims of intentional or egregious misconduct are not restricted in personal injury or wrongful death settlements. This means that if a defendant’s actions rise to the level of criminal conduct and meet the statutory criteria, then the caps for punitive or noneconomic damage no longer apply.
Texas Tort Reform Damage Caps
Texas tort reform laws cap non-economic damages in medical malpractice cases at $250,000 per health care provider and $500,000 total for all establishments. They also limit exemplary damages in most personal injury and wrongful death cases. These reforms, passed in 2003, do not apply to general Texas personal injury cases unless the defendant is a government entity or a statutory exception applies.
Contact our Texas Personal Injury Lawyers for a Free Consultation
If you or a loved one suffered harm due to someone else’s negligence, you may be entitled to seek compensation for physical pain, emotional pain, mental anguish, loss of consortium, and other compensatory damages based on the full scope of your losses.
The court will still consider key factors to determine fair compensation, including the severity of the negligent act, the number of victims, and whether it involves compliance with the accepted standard of care. These caps are often tied to the Consumer Price Index and may still let victims secure significant settlements and awards. Janicek Law is ready to fight on your behalf to address every relevant element and pursue the full amount under Texas law.
Español de México