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Pain and Suffering Damages in Texas

You sure wish you could play your last six months in Texas backwards—then you would get back your house, your loved one, your dog, your truck, and perhaps even your sanity. Maybe you didn't lose any property, but six months ago, that Rascal Flatts reference would have made you chuckle, and now nothing does. If an accident in the Lonestar State left you feeling lonelier than your heart can bear, you may be entitled to pain and suffering damages in Texas.

The table and accompanying explanations below detail how you might obtain pain and suffering damages in Texas.

Statute of Limitations

  • Limits on Damages
  • $100,000 in claims against the government (§108.002)
  • $250,000 in noneconomic damages per claimant (§74.301)
  • Liability limited for claims arising from community service (§65.106)
  • Other Limits
  • 50% Modified Comparative Negligence (§33.001)

Noneconomic Damages

Pain and suffering damages in Texas are part of a larger group of damages, known as "noneconomic damages". Noneconomic damages including damages for nonpecuniary injuries, such as:

Claim Types

Noneconomic damages are available as compensation for many injuries in Texas, including slip and falls, medical malpractice claims, car accidents, defective products, and animal bites.

Time Limits

You will not want to wait too long to file your claim in Texas. The State of Texas has time limits—statutes of limitations—on how long you have before the court will bar you from recovering damages. For most injuries, you have only two years. For libel and slander claims, you have only one year. If you are a sex crime survivor, Texas extends extra time for you to decide whether to file suit: you have five years.

Damage Caps

If you were injured by a child or parent rendering community service through a program with the city or county, your recovery will be limited to $100,000. If multiple people were injured, however, your recovery could be further limited because recovery per incident is capped at $300,000 per incident for injuries or deaths.

If you were hit by a public bus, or if you slipped and fell at the DMV, you will likely be filing a lawsuit against the state of Texas. Whenever the state is the defendant, your total claim is limited to $100,000.

Finally, Texas will cap your pain and suffering (and other non-ecomonic) damages at $250,000 for medical malpractice claims and claims against a government entity.

Get Legal Help with Pain and Suffering Damages from a Texas Attorney

Whether SXSW left you shaken or Houston left you hurt, everything is bigger in Texas—except, perhaps, your pain and suffering damages award. With state imposed caps that could seriously impair your recovery and modified comparative negligence rules that could completely prevent you from recieving compensation, if you decide to file a claim in Texas, you will want to arm yourself with the best possible advocate. Contact a skilled Texas attorney today.

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