In Texas there is no fixed figure and no calculator that produces the value of a personal injury case. Value comes from two things: how much your provable damages add up to, and what percentage of responsibility is assigned to you for the accident. That second factor is decisive, because compensation is reduced in the same proportion as your percentage of fault, and disappears entirely if that percentage exceeds 50%.
What makes up the value of a case?
These are the categories typically claimed after an injury caused by someone else’s negligence:
- Medical costs, both those already incurred and those reasonably expected in the future.
- Income lost during the recovery period.
- Damage to personal property involved in the incident.
- Pain and suffering resulting from the injury.
- Loss of future earning capacity, in more serious injuries.
The amount that may ultimately be recovered depends on the facts and evidence in the individual case. Medical records, employment records, expert opinions, photographs, witness testimony and other documentation may all become relevant in establishing the nature and extent of the claimed damages.
What is the 51% comparative fault rule?
Texas law refers to this as proportionate responsibility. Under Section 33.001 of the Texas Civil Practice and Remedies Code, a claimant may not recover damages if their percentage of responsibility is greater than 50%.
In other words, being partly responsible does not automatically prevent someone from recovering damages. If a claimant is found to be 50% or less responsible, recovery may still be available, subject to the reduction required by Texas law. If the claimant is found more than 50% responsible, recovery is generally barred under Chapter 33.
How are damages reduced if I am partly at fault?
When Chapter 33 applies and a claimant is not barred from recovery, Texas law generally reduces the recoverable damages according to the claimant’s percentage of responsibility.
An example makes it clearer. Suppose damages valued at $100,000. If you are assigned 10% of the responsibility, the reduction is $10,000 and the recovery comes to $90,000. If you are assigned 40%, the recovery comes to $60,000. And if you are assigned 51%, the recovery is zero. These numbers are only an illustration of how the percentage calculation works. They are not an example of what any particular injury case is worth.
Who decides the percentages of responsibility?
The answer depends on where the case is in the process. During an insurance claim or settlement negotiation, the parties and insurers may take different positions about who was responsible and by how much. Those positions do not, by themselves, establish a legally binding percentage of responsibility.
If the case proceeds to trial and Chapter 33 applies, the trier of fact determines the percentage of responsibility attributed to the claimant, defendants, settling persons, and any properly designated responsible third parties based on the evidence presented.
Why does my share of responsibility matter?
Because every percentage point the insurer manages to assign to you directly lowers what it has to pay, and past a certain threshold it stops paying altogether. It is common for the conversation to turn from the outset to what you did or failed to do: your speed, your following distance, the seat belt, the helmet, how long you waited before seeking medical attention.
It is equally common for a quick offer to arrive before the real extent of the injury is known. Accepting it usually closes the door on claiming later. We wrote about this and other missteps in five mistakes that can sink your injury claim in Texas.
How long do I have to file?
The general deadline in Texas to file a personal injury lawsuit is two years from the date of the accident, under Section 16.003 of the Texas Civil Practice and Remedies Code. Gathering medical records, scene evidence and third-party records takes time, so the window closes sooner than it appears.
Let's talk about your case
Knowing what your case is worth starts with knowing what percentage of fault the other side may try to assign you, and what evidence answers it. At The Law Offices of John R. Salazar we review that from the outset, in English and in Spanish, with offices in Dallas County and Tarrant County. You can request a free consultation before responding to any offer, or read our car accident lawyers page.
Frequently Asked Questions
Possibly. Being partly responsible for an accident does not automatically prevent you from bringing a claim in Texas. If you are found to be 50% or less responsible, damages may be reduced according to your percentage of responsibility. If you are found more than 50% responsible, you generally cannot recover damages under Texas’s proportionate responsibility rules. Whether those rules apply and how responsibility may be divided depends on the facts of the particular case.
An insurer may take a position about fault when evaluating or negotiating a claim, but that position does not necessarily determine the legal allocation of responsibility. If a case proceeds to trial, the trier of fact determines the percentages of responsibility based on the evidence presented, subject to the applicable Texas law.
The initial consultation with The Law Offices of John R. Salazar is free. During the consultation, our team can learn more about the circumstances of the incident, answer questions about the process, and discuss what next steps may be appropriate.