Personal Injury Statistics in Texas
Understanding personal injury statistics in Texas helps you benchmark your case value, understand the legal environment, and set realistic expectations for your claim.
For informational purposes only. Not legal advice. Consult a licensed attorney.
$18,000 – $90,000
Average Settlement Range
Varies widely by injury severity and case type
Modified comparative fault (51% bar)
Fault System
Directly affects how damages are calculated
2 years
Statute of Limitations
Time to file from date of injury
At-Fault (Tort)
Auto Insurance System
At-fault driver's insurer liable
Texas Injury Cases — By the Numbers
245,000 cases/yr
PI Cases Filed Annually
$58,000
Average Settlement
$35,000
Median Settlement
44%
Plaintiff Trial Win Rate
19 mo
Avg. Time to Settle
Truck Accident
Top Injury Type
20 mo
Civil Court Backlog
36%
Avg. Contingency Fee
Key Facts About Texas Injury Law
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.
Texas Personal Injury Law Overview
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.