Texas Personal Injury
Settlement Calculator

Texas courts use two primary methods. The Multiplier Method multiplies your total economic damages (medical bills, lost wages, etc.) by a factor between 1.5× and 5× — or higher in catastrophic cases — based on injury severity, impact on your daily life, and duration of suffering. The Per Diem Method assigns a daily dollar value to your pain and calculates it across the days of your recovery. There is no statutory cap on pain and suffering in most Texas personal injury cases (though medical malpractice is capped at $250,000 per defendant).

Texas follows the "51% Bar Rule" of modified comparative negligence (Texas Civil Practice & Remedies Code § 33.001). If you are found to be 51% or more at fault, you cannot recover any compensation. If you are 50% or less at fault, your award is reduced proportionally. For example, if you are 20% at fault and your damages total $100,000, you can recover $80,000. Insurance companies often try to inflate your percentage of fault — an experienced attorney can counter this.

In Texas, you generally have 2 years from the date of injury to file a personal injury lawsuit (Texas Civil Practice & Remedies Code § 16.003). Exceptions exist for minors, cases involving government entities (which require a notice of claim within 6 months), and cases where injuries were discovered later. Missing this deadline almost always means losing your right to compensation entirely — don't wait.

Texas allows recovery of economic damages (medical bills, future medical costs, lost wages, loss of earning capacity, property damage, out-of-pocket expenses) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, loss of consortium). In cases involving gross negligence or malice, exemplary (punitive) damages may also be awarded, capped at the greater of $200,000 or twice the economic damages plus up to $750,000 in non-economic damages.

Most Texas personal injury cases settle within 6 months to 2 years. Simple cases with clear liability and limited injuries may resolve in months. Complex cases — severe injuries, disputed liability, multiple parties, or government defendants — can take 2–4 years if they go to trial. Approximately 95% of personal injury cases settle before trial. A strong attorney builds your case for trial, which often results in better settlement offers.

Almost never. Insurance adjusters are trained to minimize payouts, and their initial offers are typically far below fair value — often before the full extent of your injuries is even known. Once you accept a settlement and sign a release, you cannot go back for more even if your condition worsens. Consult an attorney before accepting any offer. At Roque Law Firm, we offer a free case review and only get paid when you do.