What Damages Can You Recover in Texas?
Damages are the money a court can order the at-fault party to pay for the harm they caused. In a Texas personal injury case, they come in three types, defined in Chapter 41 of the Civil Practice and Remedies Code.
Economic Damages
Economic damages repay losses you can document with bills, receipts, and pay records. They include:
- Past and future medical expenses
- Lost wages and diminished earning capacity
- Property damage, such as vehicle repair or replacement
- Out-of-pocket expenses, such as mileage and home help
Medical expenses are limited to amounts actually paid or incurred (§41.0105). Read more on economic damages.
Non-Economic Damages
Non-economic damages compensate for personal harm that has no receipt. Texas juries usually consider:
- Physical pain and mental anguish
- Physical impairment and lost quality of life
- Disfigurement
- Loss of consortium for a spouse or family member
No formula sets these amounts. See how pain and suffering is calculated in Texas and non-economic damages.
Exemplary (Punitive) Damages
Exemplary damages punish a defendant whose conduct involved fraud, malice, or gross negligence. They require clear and convincing evidence and a unanimous jury, and most awards are capped (§41.008). A drunk driver who causes a crash is a common example. See punitive damages.
What Can Reduce Your Damages
Several rules can lower what you receive:
- Shared fault: Texas reduces your award by your percentage of fault and bars recovery above 50% (ch. 33).
- Failure to mitigate: Unreasonable delays or gaps in treatment can reduce damages (mitigating damages).
- Deadlines: Most claims must be filed within two years.
A free case review can help you identify which damages apply to your claim.
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Frequently Asked Questions
What are the three types of damages in a personal injury case?
Economic damages for money losses, non-economic damages for pain and other personal harm, and exemplary or punitive damages to punish extreme conduct. Most Texas injury claims involve only the first two. Exemplary damages require proof of fraud, malice, or gross negligence by clear and convincing evidence.
What are compensatory damages?
Compensatory damages, also called actual damages, are meant to put you as close as possible to where you were before the injury. In Texas they include both economic damages, such as medical bills and lost wages, and non-economic damages, such as pain and mental anguish. Exemplary damages are not compensatory.
How is the value of a personal injury claim assessed?
Insurers and lawyers look at the medical bills and future care, lost income, how serious and permanent the injury is, how it changed daily life, the evidence of fault, and the available insurance. At trial, a Texas jury decides each category of damages separately based on the evidence presented.
Can damages be reduced in Texas?
Yes. Under Chapter 33, your award is reduced by your percentage of fault, and you recover nothing if you are found more than 50% responsible. Damages can also be reduced if you failed to take reasonable steps to limit your losses, such as skipping recommended medical treatment.