Personal Injury and Immigration Lawyers

Does Texas have damage caps?

On Behalf of | Jan 24, 2023 | Car Accidents

If you sustain injuries in a car, truck or motorcycle accident in Texas, the state may entitle you to compensation for your injuries. The courts design such compensation to compensate victims for their losses, or damages.

Unfortunately, regardless of the extent of your injuries and losses, Texas imposes damage caps. FindLaw briefly outlines Texas’s limits on damages.

Texas damage caps

Texas has a complicated system for limiting damages in personal injury claims. However, in most cases, the following limitations apply:

  • Limited liability for any claims that arise from a community service-related accident
  • $100,000 for accidents that occur during the scope of a public servant’s job
  • Awards limited to the greater of the following three sums for exemplary damages:
    • Twice the amount of economic losses + twice the amount of non-economic losses
    • $750,000 + twice the amount of economic damages
    • $200,000

It is important to note that damage caps do not apply to exemplary damages if the defendant was engaging in felonious conduct at the time of the accident.

Other limitations

During the course of your car accident case, you may face several limitations. However, two you should anticipate include the statute of limitations and the 50% modified comparative fault rule.

In Texas, you must file your car accident claim within two years of the incident. Failure to do so is likely to result in your forfeiture of rights to recovery.

Additionally, Texas bars recovery for persons who assume 51% or more fault for an incident. If your percentage of fault is less than 51%, you can still recover compensation. However, the courts will reduce your award or settlement by the percentage of fault you assume.

If you plan to pursue a car accident claim in Texas, it is beneficial to familiarize yourself with the state’s damage caps and limitations. Doing so can help you determine if filing a claim is worth your while.