Texas Civil Practice and Remedies Code § 33.001 governs negligence cases in Texas and establishes that the theory of proportionate responsibility applies so a person will not be able to recover damages when their percentage of fault is more than 50 percent. Texas is thus considered a modified comparative fault state, meaning any award you might receive will be reduced by your share of responsibility for the accident, so an award of $100,000 for a car accident claim in which you are found to have been 40 percent responsible for will be reduced by $40,000 and you ultimately receive $60,000.
Texas also imposes limits on certain kinds of damages in some cases, which are more commonly referred to as damage caps. Medical malpractice cases, for example, involve noneconomic damage caps of $250,000 for each defendant and a $750,000 maximum damage cap overall regardless of the total number of defendants.