Punitive Damages Negligence / Personal Injury
Must establish liability for damages. Caps: Two times the amount of economic damages, plus amount equal to any non-economic damages found by jury not to exceed $750,000 or in the alternative, $200,000 total exemplary damages. *General Note: All Texas statutes of limitation extended to next business day if last day falls on a Saturday, Sunday, or holiday.
Intentional Torts
1 Year
Fraud
4 Years for debt, fraud, or breach of fiduciary duty.
Municipal Liability/Sovereign Immunity
Waived,
Notice required within 6 months of occurrence.
Discovery Rule
Standard rule applies in Texas.
Comparative Negligence
Proportionate responsibility rule adopted. Claimant may not recover damages if percentage of responsibility is greater than 50%. Damages are reduced in proportion to amount of responsibility attributed to settling persons.
2 Years with Discovery Rule.
Wrongful Death
2 Years with Discovery Rule.
Medical Malpractice
2 Years with Discovery Rule
To a maximum of 10 years. Minors: under 12 to age 14.
Products Liability
2 Years with Discovery Rule.
Charitable Immunity
Limited by statute
Does not apply to reckless or intentional conduct.
Disabilities
Statute of limitations does not run until the disability ceases (infancy – to age 18, insanity). Infants have a 10 year Statute of Repose and Statute of Limitations does not run during the absence or concealment of defendant.
No-Fault Insurance
None
All Texas statutes of limitation extended to next business day if last day falls on a Saturday, Sunday, or holiday.
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