Are There Caps on Damages in Texas?

In standard catastrophic injury cases, Texas does not cap economic damages such as medical bills and lost earnings, and it does not cap non-economic damages such as pain, suffering, and loss of enjoyment of life. Punitive damages, also called exemplary damages, are subject to caps under Texas Civil Practice and Remedies Code Chapter 41, and those caps depend on the amount of compensatory damages awarded. Medical malpractice claims have separate non-economic damage caps under Texas Civil Practice and Remedies Code Chapter 74. Claims against governmental entities are limited under the Texas Tort Claims Act. The headlines about tort reform often leave the impression that recoveries are heavily limited across the board in Texas. In a typical catastrophic injury case against a private defendant, that is not the case.