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§ 74.501.Definitions

Title 4. Liability in Tort · Chapter 74. Medical Liability · Subchapter K. Payment for Future Losses · Last amended 2003 · Last verified August 29, 2026

In one sentenceSection 74.501 defines future damages, future loss of earnings, and periodic payments for the periodic payment subchapter.

Full Text of § 74.501

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In this subchapter:
(1)"Future damages" means damages that are incurred after the date of judgment for:
(A)medical, health care, or custodial care services;
(B)physical pain and mental anguish, disfigurement, or physical impairment;
(C)loss of consortium, companionship, or society; or
(D)loss of earnings.
(2)"Future loss of earnings" means the following losses incurred after the date of the judgment:
(A)loss of income, wages, or earning capacity and other pecuniary losses; and
(B)loss of inheritance.
(3)"Periodic payments" means the payment of money or its equivalent to the recipient of future damages at defined intervals.
End

Plain-English Summary

Three definitions supporting the periodic payment scheme, and the first two are separated for a reason that appears later.

"Future damages" means damages incurred after the date of judgment for: medical, health care, or custodial care services; physical pain and mental anguish, disfigurement, or physical impairment; loss of consortium, companionship, or society; or loss of earnings.

"Future loss of earnings" is defined separately as post-judgment loss of income, wages, or earning capacity and other pecuniary losses, and loss of inheritance.

The separation matters at death. Under the death-of-recipient section, periodic payments generally terminate when the recipient dies — but future loss of earnings continues to be paid to the estate without reduction. Keeping the two terms distinct is what allows that split.

"Periodic payments" means the payment of money or its equivalent to the recipient of future damages at defined intervals. "Or its equivalent" accommodates funding through an annuity or another instrument rather than direct payment.

The definitions closely track those in the general damages chapter, which uses the same three terms, though the future damages list here is specific to health care.

Frequently Asked Questions

What are future damages under this subchapter?

Damages incurred after judgment for medical, health care, or custodial services; pain, anguish, disfigurement, or impairment; loss of consortium, companionship, or society; or loss of earnings.

Why is future loss of earnings defined separately?

Because it is treated differently at death — it continues to the recipient's estate without reduction, while other periodic payments terminate.

What are periodic payments?

Payment of money or its equivalent to the recipient of future damages at defined intervals.

Amendment History

  • Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source