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Modified (51% bar)2-year ordinary injury clock

Texas (Sept. 1, 2003)

The 2003 package (eff. Sept. 1, 2003) is still the cap. It was not replaced in the 2025 statutes.

Last checked Oct 14, 2026 · LawyerUnc editorial. Educational only, not legal advice.

If you share blame
If you are more than 50% at fault, you recover nothing. At 50% or less, your recovery is cut by your share of blame.
Ordinary injury time limit
2 years. Tex. Civ. Prac. & Rem. Code § 16.003. Tolling, discovery rules, and other claim types can change that. Use the time-limit tool, then have a lawyer confirm the subsection.
Caps on pain and suffering
No general cap on an ordinary injury claim. In a health-care claim, § 74.301 caps noneconomic damages at $250,000 per claimant against all physicians and other non-hospital providers together, plus a separate hospital layer ($250,000 for one institution, $500,000 if more than one).

What that actually means

The $250,000 is noneconomic damages in a health-care claim, per claimant. It is not $250,000 per doctor. Section 74.301(a) says the physician layer is one ceiling no matter how many physicians are sued. Medical bills and lost wages are not in that number.

A hospital is a different layer: $250,000 noneconomic per claimant for one institution, and if more than one institution is in the judgment, $250,000 each and $500,000 for all of them. A death or survival claim on a health-care case also faces § 74.303, which starts at $500,000 and moves with the CPI-W from August 29, 1977. This page does not print today's adjusted figure.

A car crash is not this statute. Ordinary injury is still two years (§ 16.003) and a 51% bar (§ 33.001). There is no Chapter 74 cap to paste onto a wreck.

How long do I have to file? · Start here