Future Damages in Texas
In Texas, you are entitled to recover not just your current losses but also the present value of future medical expenses and lost earning capacity caused by your injuries. These future damages often represent the largest component of a serious injury claim.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
2 years
Filing Deadline
At-Fault
Auto System
Types of Future Damages in Texas
Future Medical Expenses
Cost of ongoing treatment, surgeries, physical therapy, medications, home care, and medical equipment you will need because of your injuries.
Lost Future Earning Capacity
The present value of income you will lose if your injury permanently or partially prevents you from working at your pre-accident capacity.
Future Pain & Suffering
Texas allows recovery of future non-economic damages under modified comparative fault (51% bar) — reduced by your share of fault.
Future Loss of Enjoyment
Compensation for activities, hobbies, and life experiences you will permanently lose due to your injuries.
Texas Injury Law
Texas applies modified comparative fault with a 51% bar. The 2-year statute of limitations is strictly enforced. Texas does not require no-fault PIP insurance, though it must be offered. Texas courts — particularly in Houston, Dallas, and the plaintiff-friendly Hidalgo County — handle enormous personal injury caseloads. Texas is one of the most litigated states for trucking accident cases given its vast highway network and role as a major freight corridor. Texas caps noneconomic damages in medical malpractice cases at $250,000 per defendant (capped at $500,000 total for hospitals) under Tex. Civ. Prac. & Rem. Code § 74.301. General personal injury cases have no noneconomic damage cap. Texas caps punitive damages at the greater of $200,000 or 2 times economic damages plus $750,000 of noneconomic damages under § 41.008. Texas courts follow Daubert standards. The Texas Workers' Compensation Act allows some employers to opt out of the system, creating unique litigation rights against non-subscriber employers.