Is there a “caps” on the amount of damages recoverable in a burn injury case?

In Texas, recovery of damages in burn injury cases is subject to certain limitations. Depending on the circumstances, a “caps” may be imposed to limit the amount of damages a plaintiff can recover in a lawsuit arising from a burn injury. The “caps” imposed on damages are usually due to existing legal constraints and the expertise of the court to assess what is an adequate damages award for a particular case. Generally, a cap would limit the amount of non-economic damages that can be awarded to the plaintiff. Non-economic damages are damages for pain and suffering, loss of companionship, and emotional distress. In some types of cases, such as medical malpractice, the Texas legislature has set a cap of $250,000 for non-economic damages. This cap means that the plaintiff may not recover any more than $250,000 in non-economic damages, regardless of how severe the burn injury is or the amount of suffering the the plaintiff endured. In most burn injury cases in Texas, there is no cap on the amount of economic damages a plaintiff can recover. Economic damages are damages for a loss of wages, medical bills, and other expenses caused by the injury. This means that a plaintiff may be able to recover whatever reasonable economic damages the court finds to be appropriate. In summary, whether or not there is a cap on damages in a burn injury case in Texas depends on the type of claim being asserted and the specifics of the case. Generally, plaintiffs are limited to an $250,000 cap on non-economic damages but are not limited in recovery of economic damages.

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Is there a “caps” on the amount of damages recoverable in a burn injury case?

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