Does Texas Have Damage Caps in Personal Injury Cases?
The General Rule: No Damage Caps in Standard Car Accident or Negligence Cases. In most personal injury cases — like car crashes, motorcycle accidents, trucking collisions, slip and falls, or other ordinary negligence claims — Texas does not have caps on damages. There are no statutory limits on how much a jury can award for medical bills, lost wages, pain and suffering, physical impairment, or disfigurement.
If someone injures you because they were careless, and your case is against a normal private individual or private business, the jury is allowed to award the full value of your losses — without an artificial ceiling.
The Exceptions: Certain Types of Cases Do Have Caps
Texas does have specific damage caps in certain categories of cases. These laws are the exception — not the rule. Common examples include:
Claims against government entities — cities, counties, state agencies, and in some situations federal agencies have strict caps under the Texas Tort Claims Act and federal law.
Medical malpractice cases — non-economic damages (like pain and suffering) against doctors and healthcare facilities are capped by statute.
Claims against charities / nonprofit organizations — some charity entities have protection under the Charitable Immunity Act.
Certain gross negligence / punitive damages — punitive damages (meant to punish extreme reckless conduct) can be capped under Texas law per the Supreme Court.
These caps do not limit the amount of economic losses a person truly suffered — but they can limit what portion can be collected from certain types of defendants.
Insurance Policy Limits Are Not The Same as Legal Damage Caps
Even if the law allows unlimited damages in a normal injury case, the amount of insurance available may still limit how much the defendant can actually pay. A person may be legally responsible for $500,000 in damages — but if they only have a $30,000 liability policy, the available insurance may be far lower than the true harm.
In practice, these policy limits often act like de facto caps, because they determine the maximum amount you can realistically collect. While it may be possible to pursue the defendant’s personal assets, this is often difficult, limited, or impractical, so the insurance policy limit frequently sets the practical ceiling for recovery.
