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Average Personal Injury Settlement in Texas
Texas law does not set an average personal injury settlement, and a number from someone else’s case will not tell you what yours is worth. The value of an injury settlement comes from the losses Texas law lets you recover, your share of the fault, any caps that apply, and whether the claim is filed on time. Two people with the same injury can settle for very different amounts once those rules are applied.
Why Do Texas Injury Settlements Vary So Much?
Settlement values swing widely because each one rests on the record behind it. What moves the number is what each claim can prove: treatment records, pay stubs or tax records showing lost income, and evidence of how the injury happened.
What Damages Can You Recover in a Texas Personal Injury Claim?
Texas recognizes three kinds of damages, defined in Section 41.001 of the Texas Civil Practice and Remedies Code:
- Economic damages pay for actual financial loss, such as medical expenses and lost earnings.
- Noneconomic damages cover harms such as physical pain, mental anguish, disfigurement, physical impairment, loss of consortium (the loss of a close family relationship, such as a spouse’s companionship), and lost enjoyment of life.
- Exemplary damages, also called punitive damages, punish the wrongdoer rather than pay for a loss.
Medical bills are one place where an expected number and the real one can part ways. Under Section 41.0105, recovery for medical costs is limited to the amount actually paid or incurred by you or on your behalf, not the full amount the provider billed.
How Does Fault Affect a Texas Injury Settlement?
Your own share of fault can shrink your recovery or end it. Under Section 33.001, a claimant found more than 50% responsible recovers nothing. Below that line, Section 33.012 reduces the damages by the claimant’s percentage of fault.
For example, someone with $100,000 in damages who is found 30% at fault would recover $70,000. Every point of fault shifted onto the injured person takes the same share off the settlement, which is why fault is argued so hard.
Are Texas Personal Injury Settlements Capped?
Texas caps some recoveries. Section 41.008 limits exemplary damages, and Section 101.023 limits claims against governmental units. Those limits compare as follows, including the separate figures for cities and for other local governments such as counties:
| Cap | Who it applies to | Limit |
|---|---|---|
| Exemplary damages | A defendant found liable for exemplary damages | The greater of two times economic damages plus jury-found noneconomic damages up to $750,000, or $200,000 |
| State government | The state and its agencies | $250,000 per person and $500,000 per occurrence for bodily injury or death |
| Cities | A municipality, such as the City of San Antonio | $250,000 per person and $500,000 per occurrence for bodily injury or death |
| Other local governments | A county or other local unit, such as Bexar County | $100,000 per person and $300,000 per occurrence for bodily injury or death |
The government limits apply only when the defendant is a governmental unit, not a private driver or business. The exemplary damages cap does not reduce compensation for your actual losses. Medical malpractice claims, which Texas calls health care liability claims, carry their own separate limits on non-economic damages.
How Long Do You Have to File an Injury Claim in Texas?
A personal injury lawsuit generally has to be filed within two years after the claim accrues, meaning the day the legal right to sue arises, which in an accident case is usually the day of the injury. Section 16.003 sets that period, and for a claim over a death, the two years start on the date of death.
Claims against the government add an earlier step. Under Section 101.101, a governmental unit is entitled to notice of the claim within six months of the incident, and a city’s charter can require notice even sooner. A missed deadline can end a claim no matter how serious the injuries are.
Talk to a San Antonio Personal Injury Lawyer About Your Injury Settlement
Not knowing what your claim is worth makes every call from an insurance adjuster harder. At Gamez Law Firm, we calculate the full value of your claim, handle all communications with insurance companies, and advance all case expenses so you face no out-of-pocket costs. Our past results include $1.8 million in a trucking accident and $109 million in a gas explosion case.
To learn what your own injury settlement could look like, call 210-736-4040 or contact us to schedule a free consultation.
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