Personal Injury Settlement in Texas
Understand how personal injury settlements are calculated and negotiated in Texas. Learn about average payout ranges, how modified comparative fault (51% bar) affects your claim, and the key deadlines you must meet.
For informational purposes only. Not legal advice. Consult a licensed attorney.
$18,000 – $90,000
Average Settlement
Modified comparative fault (51% bar)
Fault Rule
2 years
Filing Deadline
At-Fault
Auto Insurance
How Modified comparative fault (51% bar) Affects Your Settlement
Texas follows Modified comparative fault (51% bar). Under this modified comparative fault rule, you can recover damages if you are less than 50% (or 51% in some states) at fault. If your fault exceeds the threshold, you recover nothing. Your award is reduced by your percentage of fault below that threshold.
Texas uses modified comparative fault under Tex. Civ. Prac. & Rem. Code § 33.001 with a 51% bar — if a plaintiff is found 51% or more at fault, all recovery is barred; below that threshold, the award is reduced proportionally by the plaintiff's assigned fault percentage.
Personal injury claims must be filed within 2 years from the date of injury under Tex. Civ. Prac. & Rem. Code § 16.003; Texas strictly enforces this deadline, and failure to file in time permanently extinguishes the right to sue for personal injuries.
Texas does not require no-fault PIP insurance and operates as a traditional at-fault tort state; however, personal injury protection (PIP) coverage must be offered by all auto insurers and is available for purchase, though drivers may reject it in writing.
Settlement Process in Texas
Report & Document
Report your accident and gather all evidence. Texas is an at-fault state — the at-fault party's insurer is responsible for your damages.
Seek Medical Treatment
Get all necessary medical care and keep detailed records. Your medical expenses are the foundation of your settlement value.
Demand Letter
Once your treatment is complete (or near maximum medical improvement), your attorney sends a demand letter to the insurance company with your full damages claim.
Negotiate
Insurance companies typically respond with a lower counter-offer. Negotiations proceed until both parties agree or you proceed to litigation.
File by Deadline
You have 2 years from the date of injury to file a lawsuit in Texas. Never let this deadline pass without legal action.
Personal Injury Law in Texas
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.