Texas Personal Injury Statistics & Settlement Data

Comprehensive data on Texas settlements, verdicts, statutes, and damage thresholds. Updated for 2026.

Average Texas Settlements by Case Type

Case TypeMinorModerateSevere
Car Accident$10K – $25K$50K – $200K$200K – $1M+
Truck Accident$25K – $50K$100K – $500K$500K – $5M+
Medical Malpractice$50K – $100K$150K – $500K$500K – $2M+
Slip & Fall$8K – $20K$25K – $100K$100K – $500K+
Workplace Injury$10K – $30K$50K – $200K$200K – $1M+
Wrongful DeathN/A$250K – $750K$1M – $10M+

Texas Statute of Limitations

Claim TypeTime Limit
General personal injury2 years from date of injury
Medical malpractice2 years from injury/discovery (10-year repose)
Wrongful death2 years from date of death
Product liability2 years from injury (15-year repose)
Government claims6-month notice + 2 years (Tort Claims Act)
MinorsTolled until age 18, then 2 years

Texas Damage Caps & Legal Thresholds

Comparative Fault (51% Bar Rule)

You can recover only if 50% or less at fault. Award reduced by your fault percentage. At 51%+, you recover nothing. (Chapter 33)

Medical Malpractice Caps

Non-economic: $250K per physician, $500K per institution (§ 74.301). Economic damages uncapped.

Punitive Damages Cap

Greater of $200K or 2x economic + up to $750K non-economic. Requires clear and convincing evidence of gross negligence.

No General Compensatory Cap

Texas does not cap compensatory damages in car accidents, truck accidents, premises liability, or product liability cases.

Texas PI Fast Facts

Texas leads the nation in motor vehicle crash fatalities — over 4,000 per year (TxDOT).
Roughly 14% of Texas drivers are uninsured — UM/UIM coverage is critical.
Texas minimum auto liability: 30/60/25 ($30K/$60K/$25K).
PI attorneys typically charge 33% contingency pre-trial, up to 40% at trial.
Harris County (Houston) and Dallas County are the highest-volume PI jurisdictions.
Texas follows a fault-based insurance system.
Texas is the only state not requiring employers to carry workers' comp.

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