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How Much Compensation Can You Receive from a Personal Injury Case in Texas?

Often, people in Texas who make an injury claim have high hopes for how much a settlement or judgment can bring them. While your lawyer and their team will do their best to recover all the damages you deserve for your injuries and missed wages, there are some limits in place imposed by Texas law. Here's how damages work in South Texas.

Types of Damages You Can Sue for in Texas

In the state of Texas, a personal injury case can allow you to sue for a number of different damages. It will depend on your specific circumstances, but generally, you can pursue remuneration for:
Economic damages
  • Medical costs — both current and future
  • Lost wages, both current and future
  • Property damage
Non-economic damages
  • Pain and suffering
  • Loss of companionship
  • Stress and anxiety
  • Mental anguish
  • Emotional pain
There's also the possibility to recover for exemplary or punitive damages. These types of damages seek to punish the negligent party for malice, fraud, or gross acts of negligence. They're not guaranteed damages, and may only be awarded under specific circumstances.

Caps on How Much You Can Receive for a Personal Injury Case in Texas

Different types of personal injury cases have different caps on how much you can receive in damages. Understand the monetary values listed in the Texas statutes aren't adjusted for inflation.

Non-economic damages: Generally, there are no caps on these types of damages, except in medical malpractice cases. With a malpractice case, you can sue a doctor or medical practitioner for up to $250,000. You can also sue a healthcare facility for the same amount.

If there's more than one healthcare facility involved, you can only sue for a maximum of $500,000 across all facilities involved. So, the maximum you can receive from a medical malpractice case for non-economic damages is $750,000. One thing you should understand is that those numbers will need adjusting for inflation.

Punitive or exemplary damage caps: Texas statutes cap punitive damages at the greater of either twice the amount of the awarded economic damages, plus up to $750,000 of the awarded non-economic damages — or $200,000.

For example, consider if you were to receive $500,000 in economic damages and $200,000 for your pain and suffering. If you were to receive punitive damages, the maximum amount you could receive in this case is $1,200,000.

Economic reimbursement: Economic damages do not typically have caps. You can calculate these types of damages down to the cent in many cases. With wrongful death cases from medical malpractice, the cap for economic, non-economic, and punitive damages combined comes to $500,000 before inflation adjustment.

How You Can Lose Your Right to Compensation in Texas

In Texas, there's a statute of limitations on when you can file a claim. You have two years from the date of your injury to file. This becomes important if you're pursuing a settlement from an insurance company or another party. The settlement procedure can only go on for so long before it has to go to the courts.

Your Own Liability Can Play a Role in Your Compensation

Texas uses modified comparative negligence rules for determining fault and compensation. Your proportionate responsibility can reduce the damages you can receive. If the party you're suing says you played a role in the accident, the court may assign a percentage of the blame to you.

If the court assigns you 20% of the fault, it reduces your possible compensation by that percentage. If you have 50% or more of the blame for the accident, it's possible for you to receive nothing in damages.

This all points to why it's important that you work with your attorney. Your attorney can help to shore up avenues of blame the court may assign to you.

How You Can Receive the Most for Your Personal Injury Case

Given everything involved, it's hard to give you a fully accurate number on how much you can possibly receive from a personal injury case in Texas. It will depend on your specific circumstances. You can help your attorney to help you by keeping your story clear. Spare no detail during your consultation.

In addition, make sure you keep copies of every receipt, record, and piece of correspondence related to your injury. At the Law Offices of Rene Castellanos, we will work with you to hold negligent parties accountable. Contact us today for an evaluation of your possible case.