Personal Injury Demand Letter in Texas
A well-written demand letter is the foundation of any successful personal injury settlement in Texas. It summarizes your damages, establishes liability, and opens formal negotiations with the insurance company.
For informational purposes only. Not legal advice. Consult a licensed attorney.
2 years
Statute of Limitations
Modified comparative fault (51% bar)
Fault System
$18,000 – $90,000
Avg Settlement Range
What to Include in Your Texas Demand Letter
Incident Summary
Date, location, and clear description of how the accident occurred and why the other party is at fault under modified comparative fault (51% bar).
Injuries & Medical Treatment
Full list of diagnosed injuries, treating physicians, hospitals, therapists, and total medical expenses to date.
Lost Wages Documentation
Pay stubs, employer letter, and calculation of all income lost due to your injuries.
Pain & Suffering
Description of how injuries affected your daily life, relationships, and mental health.
Total Demand Amount
Specific dollar amount you are demanding — typically set higher than your minimum acceptable settlement to leave room for negotiation.
Response Deadline
Give the insurer a firm deadline to respond (typically 30 days) to create urgency.
Demand Letter Template Preview
Fields in gold are placeholders you fill in with your own details. This preview shows the structure — an attorney completes and strengthens the full letter for you.
An attorney completes the liability section, calculates pain & suffering, sets the demand amount, and delivers the letter on official letterhead — dramatically increasing insurer response rates.
Get a Free Attorney Review in Texas →Texas Injury Law
Texas applies modified comparative fault with a 51% bar. The 2-year statute of limitations is strictly enforced. Texas does not require no-fault PIP insurance, though it must be offered. Texas courts — particularly in Houston, Dallas, and the plaintiff-friendly Hidalgo County — handle enormous personal injury caseloads. Texas is one of the most litigated states for trucking accident cases given its vast highway network and role as a major freight corridor. Texas caps noneconomic damages in medical malpractice cases at $250,000 per defendant (capped at $500,000 total for hospitals) under Tex. Civ. Prac. & Rem. Code § 74.301. General personal injury cases have no noneconomic damage cap. Texas caps punitive damages at the greater of $200,000 or 2 times economic damages plus $750,000 of noneconomic damages under § 41.008. Texas courts follow Daubert standards. The Texas Workers' Compensation Act allows some employers to opt out of the system, creating unique litigation rights against non-subscriber employers.