How this estimate is built
Your medical expenses and lost wages are your economic damages. We apply the multiplier method, the industry-standard approach, to estimate noneconomic damages — then apply Texas's fault rule and, for malpractice claims, its layered cap structure.
A 51% bar that favors the claimant at the exact threshold
Under Tex. Civ. Prac. & Rem. Code § 33.001, Texas bars recovery only once a claimant's fault exceeds 50% — at exactly 50%, a claimant still recovers half of their damages. The state also uses proportionate responsibility rather than joint and several liability in most cases, meaning each defendant generally pays only their own percentage share.
A genuinely layered malpractice cap
Texas's medical malpractice noneconomic damages cap, under Tex. Civ. Prac. & Rem. Code § 74.301, works in layers rather than as one flat figure. Against all physicians and health care providers combined, the cap is $250,000 per claimant — regardless of how many providers are sued. Against a single health care institution, it's a separate $250,000; against multiple institutions combined, it rises to $500,000. Sue a provider and multiple institutions in the same case, and the maximum reaches $750,000 total.
No cap on economic damages, and none outside malpractice
Whatever the noneconomic cap does in a malpractice case, economic damages — medical bills, lost wages, future care costs — are never limited by this statute. And outside medical malpractice entirely, Texas imposes no equivalent statutory cap on noneconomic damages at all; a car accident or premises liability claim isn't subject to Chapter 74's layered structure.