Wrongful Death Damages and the Malpractice Caps in Texas

By the FigureMyTax Editorial Team · How we calculate

Texas is broad on damages and strict on malpractice.

What is recoverable

In Sanchez v. Schindler (1983) the Supreme Court rejected the pecuniary-loss limit and allowed loss of companionship and society and mental anguish. In Moore v. Lillebo (1986) it described the categories as pecuniary loss, loss of society and companionship, mental anguish and loss of inheritance, and treated them as separate damages that should not duplicate one another.

The statute

The jury may award damages in an amount proportionate to the injury resulting from the death, divided in the shares it finds among the beneficiaries who are alive.

Exemplary damages

Exemplary as well as actual damages may be recovered when the death is caused by the wilful act or omission or gross negligence of the defendant.

Two caps in a malpractice death

Noneconomic damages are limited by CPRC 74.301 per claimant, and CPRC 74.303 separately limits all damages to $500,000 per claimant, adjusted for inflation since 1977, excluding necessary medical, hospital and custodial care.

How big is the second cap

We could not verify the current figure; summaries range from over $1.5 million to over $2.5 million, so check it before relying on it.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Texas's rules apply to your specific case with a licensed Texas attorney.