HB 1419 – Capping Noneconomic Damages Based on Medical Bills
What HB 1419 Proposed
HB 1419 aimed to amend the Texas Civil Practice and Remedies Code to impose specific caps on noneconomic damages—such as pain and suffering, mental anguish, and emotional distress—in personal injury and wrongful death cases. The proposed caps were:
Physical Pain and Suffering: Limited to three times the amount awarded for past and future healthcare expenses.
Mental or Emotional Pain and Anguish:
$1 million cap if the claim arises from an event primarily causing emotional injury.
$250,000 cap if the claim arises from an event primarily causing bodily injury.
Additionally, these caps were set to increase annually by 1.75% starting January 1, 2027.
Legislative Outcome
HB 1419 was filed on November 20, 2024, and referred to the House Judiciary & Civil Jurisprudence Committee on March 11, 2025. However, the bill did not progress further and ultimately died in committee. This outcome was part of a broader trend during the session, where several tort reform measures faced significant resistance and did not pass. legiscan.com
Implications for Stakeholders
For Personal Injury Lawyers:
Continued Legal Strategies: Attorneys can continue to pursue comprehensive claims for noneconomic damages without the limitations proposed by HB 1419.
Client Counseling: The absence of caps allows for more flexibility in advising clients on potential compensation for noneconomic losses.
For Letter of Protection (LOP) Providers:
Financial Considerations: Without the proposed caps, LOP providers may have greater assurance in the potential for full reimbursement from settlements or judgments.
Treatment Decisions: Providers might be more willing to offer extensive treatment under LOPs, knowing that recovery limitations are not imposed.
For Injured Individuals:
Access to Full Compensation: Victims retain the ability to seek full compensation for noneconomic damages, reflecting the true extent of their suffering and losses.
Medical Treatment Access: The continued viability of LOPs ensures that individuals without health insurance can access necessary medical care while awaiting case resolution.
Looking Ahead
While HB 1419 did not pass, the issues it addressed remain pertinent in Texas's legal and political landscape. Stakeholders should stay informed about potential future legislation that may seek to revisit these topics. Engaging with policymakers, participating in public discourse, and staying abreast of legislative developments will be crucial for all parties affected by personal injury and wrongful death laws in Texas.
