When a car accident causes harm, you may wish to seek compensation to help you pay the bills resulting from the accident or to hold a negligent party accountable for their actions. Many types of damages may be awarded regardless of the amount of the harm caused. For instance, you may be able to recover compensation for all of your medical bills, even if the total numbers in the millions of dollars.
However, certain types of damages are limited, or “capped,” in Texas. If you seek these types of damages, you may find that you cannot recover enough compensation to restore you to the financial position you held before the accident. It’s important to speak to an experienced auto accident attorney who can help you understand how damages caps may apply to your specific situation.
Damage caps in Texas apply to three different types of damages. Two of these, punitive damages and cases against government entities, may be involved in certain types of car accident cases. (The third is medical malpractice damages, which are a different kind of personal injury case.)
Punitive Damages
Punitive damages are awarded in cases where a party’s behavior was so grossly negligent that the court thinks it is appropriate to punish the bad actor and to send a message that such behavior will not be tolerated in a civilized society. Punitive damages are typically awarded in addition to damages for losses like medical bills, lost wages, or pain and suffering.
Texas caps punitive damages at two times the amount of economic damages plus non-economic damages under $750,000. If this total comes to less than $200,000, Texas allows punitive damages up to $200,000. For example, if your damages award is $150,000 for economic damages and $300,000 for non-economic damages, your punitive damages would be capped at $600,000 ($150,000 times two, plus $300,000).
Cases Against Government Entities
You may have a car accident claim against a government entity if the party whose negligence caused your accident was a government agency or employee. For instance, you may have such a claim if you were in a car crash caused by a negligent driver who was a government employee driving as part of their job.
Unlike claims against private individuals, claims against government entities have caps for total compensation, including medical bills, lost wages, and pain and suffering. In Texas, these damages are capped at $250,000 per person and at $500,000 total for a single accident, no matter how many people are injured. For example, if a county road worker negligently causes a car accident in which four people are injured, the maximum amount of damages each of those four people would receive would be $125,000 each, not $250,000 each.
If you’ve been injured in a car accident, an experienced Texas personal injury lawyer can help you investigate what happened, negotiate with insurance companies, and fight for the compensation you deserve—so that you can focus on healing from your injuries and returning to the life you love. Contact our office at 361.LAWYERS (361-529-9377) today for a free initial case consultation.
