In certain cases, yes, there is a maximum amount of personal injury damages you may recover. While you may recover as much economic damages as is applicable to your case, and there is no noneconomic damage cap in Texas, there are limits on punitive damages. If you receive exemplary or punitive damages, there are certain caps of which you should be aware.
No Caps on Noneconomic or Economic Damages in PI Cases
In most personal injury cases, economic and noneconomic damages have no cap. Rather, the amount of damages rewarded is based on a number of factors, usually those revolving around the type and severity of injury.
The value of personal injury damages depends on:
- cost of medical care for bills that have arisen, or will arise, as a result of the injury;
- loss of wages and future wages because of the inability to return to work but for the injury;
- property losses for any damage that occurred to property;
- emotional distress for any psychological ramifications that the victim has experienced as a result of the accident and injury;
- pain and suffering for the physical pain and mental suffering that resulted as a result of the injury; and
- loss of enjoyment if the injury is severe enough to keep the victim from returning to normal activities, hobbies, and other recreational activities.
Keep in mind, though, that medical malpractice cases do have a cap on noneconomic damages, but not economic damages. Overall, the noneconomic damages cap in medical malpractice cases is $750,000, with sub-caps on damages against doctors, healthcare facilities, etc.
Caps on Punitive Damages in Personal Injury Cases
Some cases may include punitive damages if the defendant’s behavior was particularly egregious. Those, however, do have caps of which plaintiffs should be aware.
Section 41.008 of the Texas Civil Practice and Remedies Code establishes certain caps on exemplary damages. It states that punitive damages may not exceed the greater of the following:
- Twice the economic damages plus value of noneconomic damages up to $750,000. So if economic damages are $100,000 and noneconomic damages are $200,000, then punitive damages may not exceed $400,000 (($100,000 x 2) + $200,000 = $400,000).
- Two hundred thousand dollars. So if the formula above yields a number lower than $200,000, the max in that case would be $200,000.
Speak to a Personal Injury Attorney about Personal Injury Damages
In most personal injury cases in Dallas, there is no maximum cap on economic and noneconomic damages that one can receive. As such, retaining the services of a personal injury attorney can help determine the amount of entitled damages.
If you’ve sustained an injury in Texas because of another person’s negligence, the time to act is now. The statute of limitations in Texas is two years from the time of injury according to Section 16.003 of the Texas Civil Practice and Remedies Code, so act immediately.
At the Law Office of Julie Johnson, PLLC, we can provide you with more information about what types of compensation you may be eligible to recover and how to pursue personal injury damages. To get started, call us today at 214-290-8001.