Posted in Personal Injury on November 7, 2025

As an injured accident victim in Texas, you may be entitled to financial compensation from one or more parties to help make you whole again if someone else is responsible. However, the amount of compensation that you can receive may be capped or limited by state statutes, depending on the circumstances.

What Are Damage Caps?

A damage cap is a statutory limit on the value of a victim’s settlement or judgment award in a personal injury claim. Rather than a plaintiff being able to recover as much financial compensation as a jury wishes to assign based on the victim’s injuries, if a damage cap is in place, the victim’s financial recovery will be limited to the maximum amount listed under state law.

Does Texas Have Damage Caps?

For the most part, Texas does not have damage caps that apply to personal injury cases. In the majority of car accident, slip and fall, workplace accident, dog bite, and other personal injury cases, a judge or jury can award compensation freely without limitations caused by statutory provisions. However, there are three main situations where Texas does impose damage caps.

Medical Malpractice

A medical malpractice claim is a civil lawsuit filed against a health care provider for breaches of the required standards of patient care, resulting in patient injury or death. In Texas, damages are capped in medical malpractice cases to the following limits under Texas Civil Practice & Remedies Code § 74.301:

  • $250,000 in non-economic damages per claimant against a single provider
  • $500,000 in non-economic damages per claimant against multiple providers or institutions
  • $750,000 total in non-economic damages if the case involves both types of defendants

Non-economic damages, or “pain and suffering,” refer to intangible losses suffered by the patient, such as physical pain, discomfort and emotional distress. Texas’s medical malpractice damage cap does not apply to economic damages, such as medical bills and lost wages.

Punitive Damages

Texas law (§ 41.008) also imposes a cap on the amount of punitive or exemplary damages that can be awarded in a personal injury case. Unlike compensatory damages, punitive damages are given to punish a defendant and deter future acts of wrongdoing rather than to make a victim whole again. In Texas, the cap on exemplary damages is either twice the amount of economic damages plus an amount equal to any non-economic damages (not to exceed $750,000) or $200,000, whichever is greater. Note that there is an exception for certain felony crimes committed by a defendant, including murder and sexual assault, where the cap on punitive damages is lifted.

Government Claims

The Sovereign Immunity Act protects government agencies by limiting the amount for which they can be sued for negligence. In Texas, claims against city and state government agencies have damage caps of $250,000 per person and $500,000 per incident. In cases against counties and school districts, these caps are reduced to $100,000 per person and $300,000 per incident.

Are There Damage Caps on Wrongful Death Cases in Texas?

No, Texas does not impose a specific damage cap on wrongful death claims. Grieving families have the opportunity to seek full financial compensation for their funeral and burial costs, pain and suffering, medical expenses, lost earnings, and other damages. If compensation awarded for a wrongful death falls under any of the categories subject to damage caps, however, this could limit the family’s financial recovery accordingly.

How to Maximize Your Financial Outcome in a Texas Personal Injury Claim

Navigating Texas’s damage caps while still maximizing your financial compensation is something that a personal injury lawyer in Texas can help you with. An experienced attorney will know how to prove and establish your case using compelling evidence to achieve the best possible case results despite Texas’s limitations on certain damages. To discuss a particular personal injury claim in Texas, contact The Law Offices of Maloney & Campolo for a free consultation.