Texas House Bill 4806 (HB 4806) is making waves across the legal landscape. Introduced in 2025 by State Representative Greg Bonnen, this bill proposes sweeping changes to civil litigation procedures—especially those involving personal injury and wrongful death claims. If enacted, it would mark one of the most significant shifts in Texas tort law in decades.
While proponents argue that the bill is aimed at curbing frivolous lawsuits and runaway jury verdicts, many personal injury attorneys and victims’ rights advocates believe HB 4806 would dramatically tilt the legal scales in favor of insurance companies and large corporate defendants. Below, we break down the bill’s key provisions and explore what they could mean for future personal injury cases in Texas.
Key Provisions of HB 4806
1. Limitations on Medical Expense Recovery
Under current Texas law, plaintiffs can introduce affidavits (per Section 18.001 of the Civil Practice and Remedies Code) to establish the necessity and reasonableness of their medical expenses. Defendants who wish to challenge these claims must file a detailed “controverting affidavit.”
HB 4806 would replace this requirement with a simpler “notice of intent to controvert,” effectively neutralizing the plaintiff’s affidavit and shifting the burden of proof back onto the injured party—even before trial begins.
The bill also caps recoverable medical expenses to what has already been paid by the plaintiff, their insurer, or other third-party payors. If no payments have been made, plaintiffs may recover only up to 150% of the regional median for similar services, as calculated by the Texas All-Payor Claims Database.
Impact: This could significantly reduce compensation in cases where medical bills are high but payments are delayed or pending.
2. Stricter Rules for Noneconomic Damages
HB 4806 introduces narrower definitions for noneconomic damages, such as pain and suffering, emotional distress, and loss of companionship. These claims must now be supported by objective evidence of “substantial disruption” to the plaintiff’s daily life.
In addition:
- Noneconomic damages would require a unanimous jury decision (currently, a 10-2 majority suffices).
- Caps would be imposed, including:
- $1 million for emotional pain in wrongful death cases.
- The lesser of three times the medical expenses or $100,000/year of life expectancy for physical pain.
- $1 million for emotional damages primarily from emotional injury.
- $250,000 for emotional damages primarily from bodily injury.
Impact: These caps and conditions may severely limit recovery for pain and suffering, especially in cases involving long-term trauma, invisible injuries, or the death of a loved one.
3. Expanded Disclosure Requirements
Plaintiffs would be required to disclose:
- All letters of protection.
- Medical providers and treatments received.
- Health insurance and third-party payor details.
- Any financial relationships between their attorney and healthcare providers.
Impact: While aimed at increasing transparency, these rules could intimidate plaintiffs or expose sensitive arrangements that are often used to help those without insurance receive care.
4. Tighter Restrictions on Punitive Damages
HB 4806 would limit the use of exemplary (punitive) damages to only those cases where there is “clear and convincing evidence” of gross negligence, fraud, or malice. Moreover, juries would be instructed not to use punitive damages as a means of punishment or deterrence.
Impact: This provision may remove one of the few tools available to plaintiffs to hold especially egregious defendants accountable.
The Broader Impact on Personal Injury Law
If HB 4806 becomes law, it will have a chilling effect on personal injury litigation across Texas.
First, the bill reduces the leverage plaintiffs currently have in settlement negotiations. With recoverable damages strictly capped and higher evidentiary burdens, insurers may feel emboldened to offer lower settlements—knowing plaintiffs face steeper legal hurdles.
Second, the bill disproportionately affects those who are already at a disadvantage—such as uninsured individuals or low-income families—who rely on deferred medical billing or letters of protection to access care after an accident.
Finally, requiring unanimous jury decisions for noneconomic damages could increase mistrials and delays, making personal injury litigation more costly and less predictable.
How HB 4806 Could Influence Laws in Other States
While Texas often leads the charge in tort reform, its legal decisions and legislative trends frequently serve as a blueprint for lawmakers in other conservative or litigation-averse states. If HB 4806 becomes law, we may see a ripple effect across the country, especially in states that have been seeking ways to limit large jury verdicts or rein in what they view as excessive personal injury claims. Legislators in states like Florida, Georgia, Missouri, and Arizona—where tort reform is already a hot-button issue—could look to HB 4806 as a model for introducing similar caps on damages, evidentiary restrictions, and disclosure requirements. If other states, such as Oregon or Washington, move in this direction securing the services of personal injury lawyers such as The Office of Randall J. Wolfe will be vital. The passing of HB 4806 could result in a broader national trend that fundamentally shifts how personal injury cases are litigated, making it harder for injured individuals across the U.S. to receive full and fair compensation. The passage of this bill could thus ignite a wave of reforms that reshape civil litigation far beyond Texas borders.
Final Thoughts
Texas House Bill 4806 is framed as an effort to curb excessive litigation and protect defendants from “nuclear verdicts.” But in practice, it could significantly limit access to justice for everyday Texans suffering from injuries caused by others’ negligence.
As debate around the bill continues, it’s crucial for personal injury attorneys, medical professionals, and advocacy groups to make their voices heard. The balance between legal fairness and economic protection is delicate—and HB 4806 may tip the scales too far in one direction.
