Injury Settlements in Texas: What You Need to Know to Recover Your Expenses.
If you’ve been injured, figuring out what kind of settlement you might be entitled to is probably at the top of your mind. Medical bills, time off work, and the emotional stress of dealing with an injury can be overwhelming. Fortunately, settlements are designed to help injured people like you recoup expenses and get back on your feet. Whether you’re navigating a personal injury case or trying to understand your options after a serious work-related accident, this guide will walk you through the most common types of injury settlements in Texas and help you figure out the next steps toward fair compensation.

Personal Injury Settlements in Texas
A personal injury settlement can provide compensation if someone else’s negligence led to your injury. In Texas, you typically have two years to file a personal injury claim, so it’s smart to act quickly. This time limit is outlined in the Texas Civil Practice and Remedies Code, Section 16.003.
Common scenarios:
- Car accidents: Texas has a “fault” system for auto accidents, so the at-fault driver’s insurance should cover your medical bills and damages.
- Slip-and-fall incidents: If you’ve been injured due to unsafe conditions in a store, restaurant, or someone else’s property, you could have a valid personal injury claim.
- Dog bites: Texas follows a modified “one bite rule,” where the owner can be held liable if they knew their dog was dangerous.
Documenting the accident, seeking medical treatment, and consulting an attorney are essential steps toward determining your potential compensation.
Medical Malpractice Settlements in Texas
Medical malpractice occurs when a healthcare provider’s negligence harms a patient. Texas law caps noneconomic damages, such as pain and suffering, at $250,000 per defendant and a maximum of $500,000 total in cases involving multiple defendants, as per Texas Civil Practice and Remedies Code, Section 74.301. Economic damages, like medical bills and lost wages, are not capped.
Additionally, Texas, according to Section 74.351, requires plaintiffs to file an expert report within 120 days of filing a medical malpractice lawsuit.
Common situations:
- Surgical errors: Mistakes during surgery, such as operating on the wrong body part or leaving instruments inside the patient.
- Misdiagnosis or delayed diagnosis: Failure to diagnose conditions like cancer or heart disease in time, worsening the outcome.
- Birth injuries: Mistakes during childbirth that result in harm to the baby or mother, such as improper use of forceps or failure to perform a timely C-section.
If you suspect medical malpractice, reaching out to a lawyer immediately is critical to meet Texas’s strict filing requirements.
Workers’ Compensation Settlements in Texas
If you’ve been injured on the job, a workers’ compensation settlement may cover your medical bills, lost wages, and rehabilitation. Texas is unique because employers are not required to carry workers’ comp insurance. If your employer does provide coverage, you can file a claim for workers’ comp benefits. However, Texas does not allow workers to sue their employer for negligence if the employer subscribes to the workers’ compensation system.
Common situations:
- Construction accidents: Injuries caused by falls, machinery accidents, or being struck by objects.
- Repetitive stress injuries: Conditions like carpal tunnel syndrome or back injuries caused by repetitive tasks.
- Chemical exposure: Exposure to toxic substances, especially in industries like oil and gas.
If you’ve been hurt on the job, report your injury right away and get medical attention. Texas law allows lump-sum settlements in workers’ comp cases for severe or permanent injuries, offering financial relief for long-term care needs.
Non-Subscriber Employers in Texas
In Texas, some employers opt out of the state’s workers’ compensation system, becoming non-subscribers. This makes them vulnerable to personal injury lawsuits from employees. If your employer is a non-subscriber, you can sue them directly for negligence, and the employer cannot use your own negligence as a defense unless you were 50% or more at fault. This rule falls under Texas Labor Code, Section 406.033.
Common scenarios for non-subscriber claims:
- Workplace injuries caused by lack of safety equipment.
- Serious accidents involving faulty machinery or unsafe conditions.
- Improper training or supervision leading to injury.
In these cases, employees are often entitled to a wider range of damages, including pain and suffering, which are not covered under typical workers’ compensation claims. Working with an attorney familiar with Texas non-subscriber law can significantly increase your chances of a successful claim.
Product Liability Settlements in Texas
If a defective product caused your injury, a product liability claim can help you recover damages. Texas law holds manufacturers and sellers liable for dangerous products under Chapter 82 of the Texas Civil Practice and Remedies Code. Texas does not impose caps on damages in product liability cases, meaning compensation can be substantial, especially for serious injuries.
Common situations:
- Defective car parts: Issues like airbag failures or brake malfunctions that lead to accidents.
- Faulty household products: Appliances that cause electrical fires or dangerous children’s toys.
- Dangerous medications: Prescription drugs with harmful side effects or undisclosed risks.
If a product injured you, preserve the evidence and contact a lawyer to discuss your options for filing a claim against the manufacturer or retailer.
Wrongful Death Settlements in Texas
A wrongful death settlement in Texas compensates the family of someone who died due to another person’s negligence. Only certain relatives—spouses, children, and parents—can file a wrongful death claim, as set forth by Chapter 71 of the Texas Civil Practice and Remedies Code.
Common scenarios:
- Fatal car accidents: Death caused by reckless or intoxicated drivers.
- Workplace fatalities: Especially in hazardous industries like construction and oil drilling.
- Medical malpractice: When negligence in treatment or care results in death.
These claims can provide compensation for funeral expenses, lost income, and emotional losses. Texas does not cap wrongful death damages except in medical malpractice cases, where limits apply to noneconomic damages.
Premises Liability Settlements in Texas
If you’ve been injured on someone else’s property because of unsafe conditions, a premises liability settlement could help you recover your expenses. Texas law holds property owners accountable for maintaining safe conditions under Texas Civil Practice and Remedies Code, Section 75.002, though certain protections are in place for landowners, especially when it comes to trespassers or recreational guests.
Common situations:
- Slip-and-fall accidents: Slips on wet floors in grocery stores or trips over uneven walkways.
- Inadequate security: Injuries or assaults that happen because of poor lighting or lack of security personnel.
- Swimming pool accidents: Drownings or injuries due to lack of supervision or fencing around pools.
These cases often depend on whether the property owner knew about the hazard and failed to take action. Talking to a lawyer can help you determine whether you have a case.
Class Action Injury Settlements in Texas
If a product or action has harmed multiple people, a class action injury settlement could apply to your situation. Texas class action cases often involve defective products, pharmaceuticals, or environmental hazards.
Common examples:
- Defective drugs: Harm is caused by many patients taking the same medication.
- Environmental contamination: Polluted water or air affecting entire communities.
- Faulty consumer products: Injuries from dangerous appliances or electronics that were sold nationwide.
Class action lawsuits can result in significant settlements, though individual payouts are often smaller than in individual cases. If you think you may be part of a larger group affected by the same issue, consulting a lawyer about joining a class action is a good first step.
Catastrophic Injury Settlements in Texas
A catastrophic injury settlement is designed to cover life-changing injuries like paralysis or traumatic brain injury. Since these injuries often result in long-term or permanent disability, Texas law allows victims to recover substantial compensation for ongoing medical needs and loss of earning capacity.
Common occurrences:
- Spinal cord injuries: Caused by car accidents, falls, or workplace incidents, leading to paralysis.
- Traumatic brain injuries: Resulting from accidents, assaults, or sports injuries.
- Amputations: Losing a limb due to industrial accidents or serious car crashes.
With catastrophic injuries, it’s essential to build a case that accounts for lifelong care and support. Working with an attorney skilled in high-value claims is vital to ensuring that you receive full compensation for your needs.
Insurance Settlement Negotiation in Texas
When dealing with an insurance company, understanding Texas laws around insurance settlements can give you an advantage. Chapter 541 of the Texas Insurance Code prohibits insurers from acting in bad faith, meaning they can’t deny or delay claims without a valid reason. Under the Texas Prompt Payment of Claims Act (Chapter 542 of the Insurance Code), insurers must settle claims quickly or face penalties.
Common situations:
- Auto accident claims: Negotiating with the at-fault driver’s insurance company to cover your damages.
- Homeowner’s insurance claims: Seeking compensation for injuries on your property or someone else’s.
- Health insurance disputes: Arguing with insurers over the coverage of injury-related medical treatments.
You don’t have to accept an initial offer from an insurance company. A skilled lawyer can negotiate on your behalf to make sure you receive a fair settlement.
Structured Settlements vs Lump-Sum Payments in Texas
Texas law allows both structured settlements (which pay out over time) and lump-sum payments (one-time payment). Each option has pros and cons, and the best choice depends on your situation.
When to consider a structured settlement:
- If you need long-term medical care or ongoing financial support.
- To minimize tax liability and ensure a steady stream of income.
When to consider a lump-sum payment:
- If you need immediate cash to pay off large expenses like medical bills.
- If you’re confident in managing your financial future on your own.
Consult your attorney to explore both options and choose the one that best suits your needs.
Third-Party Liability Settlements in Texas
A third-party liability settlement may be available when someone other than your employer or another directly responsible party is involved in your injury. This might include contractors, equipment manufacturers, or other third parties who share responsibility.
Common examples:
- Construction site accidents: Injuries caused by subcontractors or faulty equipment.
- Car accidents with commercial vehicles: When the driver’s employer is responsible for damages.
- Defective workplace equipment: Suing the manufacturer for injuries caused by faulty machinery.
Third-party claims can increase your total compensation by allowing you to seek damages outside of workers’ compensation.
Settlement Agreement and Release in Texas
Once a settlement is reached, a settlement agreement and release is signed, which finalizes the case and prevents future claims related to the injury. In Texas, this document outlines the amount of compensation and any conditions attached to the payment. Once signed, you can no longer pursue legal action for that injury.
Common scenarios:
- Car accident settlements: Finalizing compensation after negotiating with the at-fault driver’s insurance.
- Workers’ compensation cases: Resolving disputes over long-term disability payments.
- Medical malpractice settlements: Finalizing terms after negotiations with healthcare providers.
Before signing any settlement agreement, make sure to review it with your attorney to fully understand your rights.
Injury Settlements FAQ
Here’s a list of frequently asked questions that cover additional topics not discussed in the main guide. These questions will help you better understand the process of obtaining an injury settlement in Texas and clarify any remaining uncertainties.
What should I do immediately after being injured?
If you’ve been injured, your first priority is to seek medical treatment. Even if your injuries seem minor, getting checked out by a healthcare professional is essential. After receiving medical care, document everything related to the incident, including photos of the scene, your injuries, and any other relevant details. Get contact information for witnesses, and notify the responsible party (such as a property owner or employer). Finally, reach out to a personal injury lawyer as soon as possible to discuss your legal options.
How long will it take to get my injury settlement?
The length of time it takes to settle an injury claim depends on the complexity of the case. Simple cases, such as minor car accidents, can sometimes be resolved in a few months. More complicated cases, like medical malpractice or product liability claims, may take longer, especially if they go to trial. Negotiations with insurance companies and obtaining expert testimony can also extend the timeline. A typical settlement could take anywhere from a few months to over a year.
Can I still get compensation if I was partly at fault for my injury?
Yes, you can still receive compensation if you were partially at fault for your injury in Texas, thanks to the state’s modified comparative fault rule. Under this rule, if you are found to be 50% or less responsible for the accident, you can still recover damages, but your compensation will be reduced by your percentage of fault. For example, if you were 30% at fault, your settlement would be reduced by 30%.
What if the person or company responsible for my injury doesn’t have insurance?
If the responsible party doesn’t have insurance or doesn’t have enough coverage to fully compensate you for your damages, you may be able to file a lawsuit against them directly. In some cases, you might also rely on your own insurance coverage. For example, in car accidents, uninsured/underinsured motorist coverage on your policy may help cover your costs if the at-fault driver has no insurance.
What is pain and suffering, and how is it calculated in a settlement?
“Pain and suffering” refers to the physical discomfort and emotional distress caused by an injury. This type of compensation is considered non-economic damages and is often more subjective than medical bills or lost wages. In Texas, pain and suffering can be calculated using methods like the multiplier method, where the total amount of economic damages is multiplied by a number (usually between 1.5 and 5) based on the severity of your pain and suffering. Keep in mind that non-economic damages in medical malpractice cases are capped at $250,000 per defendant.
Can I switch attorneys in the middle of my case?
Yes, you have the right to change attorneys at any point during your case. If you feel that your current attorney is not meeting your needs or is not adequately handling your case, you can hire a new lawyer. It’s important to know that if your previous attorney did significant work on your case, they may be entitled to a portion of the attorney fees at the conclusion of your case. Discuss this with both your current and prospective attorneys before making a decision.
What is the difference between economic and non-economic damages?
Economic damages refer to quantifiable financial losses, such as medical bills, lost wages, and property damage. These are easily calculated and proven through documentation like receipts and pay stubs.
Non-economic damages, on the other hand, cover losses that don’t have a direct monetary value, such as pain and suffering, emotional distress, and loss of enjoyment of life. Non-economic damages can be more difficult to calculate, and in Texas, there are caps on these damages in medical malpractice cases.
What happens if my case goes to trial?
If your injury settlement cannot be reached through negotiation, your case may go to trial. During a trial, both sides present their evidence, and a judge or jury will determine who is at fault and how much compensation you should receive. Trials can be lengthy and stressful, which is why many people opt to settle their claims out of court. However, if a fair settlement cannot be reached, going to trial may be the best option to ensure you receive adequate compensation.
What if I can’t afford to pay for legal representation?
Most personal injury attorneys, including those at Genthe Law Firm, work on a contingency fee basis. This means you don’t pay anything upfront, and your attorney only gets paid if you win your case. The attorney’s fee is typically a percentage of the settlement or court award, which will be agreed upon before the case begins. This allows you to pursue compensation without worrying about the cost of hiring a lawyer.
Can I file a claim for an old injury that has recently gotten worse?
In Texas, the statute of limitations for filing a personal injury claim is two years from the date of the injury (according to Texas Civil Practice and Remedies Code, Section 16.003). If your injury worsens after this period, it may be difficult to file a new claim. However, if the worsening of your condition is linked to a more recent incident or misdiagnosis, you may still be able to pursue compensation. Speak with an attorney to explore your options.
What if I’ve been offered a settlement, but it seems too low?
If you’ve received a settlement offer from an insurance company or another party, it’s a good idea to consult with an attorney before accepting it. Insurance companies often offer low initial settlements in the hope that you’ll accept less than your claim is worth. An attorney can help you assess whether the offer adequately covers your expenses, and if necessary, negotiate a better settlement or take your case to trial.
Take Control: Get the Compensation You Deserve
If you’ve been injured, you deserve compensation that helps you recover, pay your bills, and move forward with your life. The legal process can be complex, but you don’t have to go through it alone. Genthe Law Firm is here to guide you every step of the way. Whether it’s negotiating with insurance companies, filing a workers’ comp claim, or pursuing a lawsuit against a negligent party, we’re ready to fight for you.
Reach out to Genthe Law Firm today for a free consultation, and let’s start building your case for the compensation you deserve.
Page Contents
- Injury Settlements in Texas: What You Need to Know to Recover Your Expenses.
- Personal Injury Settlements in Texas
- Medical Malpractice Settlements in Texas
- Workers’ Compensation Settlements in Texas
- Product Liability Settlements in Texas
- Wrongful Death Settlements in Texas
- Premises Liability Settlements in Texas
- Class Action Injury Settlements in Texas
- Catastrophic Injury Settlements in Texas
- Insurance Settlement Negotiation in Texas
- Structured Settlements vs Lump-Sum Payments in Texas
- Third-Party Liability Settlements in Texas
- Settlement Agreement and Release in Texas
- Injury Settlements FAQ
- Take Control: Get the Compensation You Deserve