Yes, Texas does have a cap for damages in some San Antonio wrongful death cases. However, this cap only applies to certain types of personal injury cases and to a portion of recoverable damages in a wrongful death case. Additionally, certain exceptions can apply that can bypass this cap.
What are the Damage Caps for Wrongful Death Cases in Texas?
The damages cap only applies to medical malpractice cases. Cases involving auto accidents, workplace accidents, or other personal injury cases in San Antonio are not subject to the cap, even if they involve wrongful death.
The damages cap applies to only the non-economic damages portion of a case, which includes compensation for losses such as:
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of consortium
- Loss of guidance and counsel
- Diminished quality of life
In medical malpractice cases, the cap is $250,000 for one healthcare provider or $500,000 if multiple healthcare professionals were at fault. For wrongful death cases, this cap increases to $2 million.
These caps were established to control rising healthcare costs, reduce medical malpractice insurance premiums, and prevent frivolous claims.
Are There Exceptions to Texas Damage Caps?
The damages cap does not apply to all types of cases. It does not apply to cases that are not based on medical malpractice or medical negligence. It also does not apply to intentional acts, such as wrongful deaths caused by assault, murder, or other crimes. Cases against governmental agencies may be subject to different limitations.
Notably, the damages cap does not apply to economic damages. The family can seek full compensation for their measurable financial losses, such as:
- Medical expenses related to the decedent’s final treatment
- Funeral expenses
- Burial costs
- Lost future earnings and benefits
- Loss of household services
Additionally, the damages cap does not apply to punitive damages, which are used to punish defendants and deter similar conduct in the future. Though these damages are rare, they can be awarded in cases involving particularly egregious behavior.
Factors That Affect Wrongful Death Compensation
Various factors can affect the amount of a wrongful death settlement, such as:
Who Is Responsible for the Death
A primary factor that can affect wrongful death compensation is who is responsible for the death. As stated above, doctors, hospitals, and other healthcare providers are protected by the damages cap. Some defendants may have more resources than others, as well as higher insurance coverage. For example, a case against a trucking company may yield a higher settlement than against a negligent motorist who only maintained the mandatory minimum liability insurance.
Number of Defendants Involved
Some cases involve multiple liable parties. In such cases, you may be able to file separate claims against each party, thereby potentially maximizing your compensation.
Your Damages
The types of damages your family is seeking can also affect the ultimate settlement amount. Try to keep detailed records of all damages to maximize the value of your claim.
Contact Us to Learn More About Your Legal Options
If you have lost a loved one and believe someone else is legally responsible for their wrongful death, George Salinas Injury Lawyers can help. Contact us today to discuss your legal options during a free consultation.