It's the first question almost everyone asks, and it deserves an honest answer: no one can responsibly quote you a number early on. What a lawyer can do is explain what determines value in Texas, so you can judge whether an offer in front of you is serious.
- Value comes from damages proven with evidence, not formulas.
- Texas bars recovery entirely if you're found more than 50% at fault.
- Texas minimum liability coverage is only 30/60/25 — often less than the harm.
- Your own UM/UIM coverage is frequently the difference between real recovery and none.
- Unpaid medical bills and liens affect what actually reaches your pocket.
The building blocks
Economic damages — the documentable losses
- Emergency care, hospitalization, surgery, imaging, medication
- Physical therapy and future medical care you'll still need
- Lost wages, plus lost earning capacity if you can't return to the same work
- Property damage and out-of-pocket costs
Non-economic damages — the human losses
- Physical pain and suffering
- Mental anguish
- Physical impairment and disfigurement
- Loss of enjoyment of life
Economic damages get proven with records and bills. Non-economic damages are argued — which is where case presentation genuinely changes outcomes.
The 51% rule can reduce your case to nothing
Texas follows modified comparative fault under Civil Practice and Remedies Code § 33.001, the "51% bar":
- 50% or less at fault — you recover, reduced by your percentage.
- 51% or more at fault — you recover nothing.
Take a $200,000 case. Found 20% at fault, you recover $160,000. Found 51% at fault, you recover zero. That cliff is exactly why insurers invest so heavily in shifting blame onto injured people — pushing you over that line ends their exposure completely. It's also why early recorded statements are so dangerous.
Insurance limits often cap reality
A case can be worth more than anyone will ever pay, because coverage runs out. Texas requires drivers to carry only:
- $30,000 for bodily injury per person
- $60,000 total bodily injury per accident
- $25,000 for property damage
A single ambulance ride, ER visit, and imaging can consume most of $30,000 before real treatment begins. When the at-fault driver carries minimum limits, finding additional coverage becomes the whole job — and it's one of the biggest practical differences between firms.
Where additional recovery comes from
- Your own UM/UIM coverage. Uninsured/underinsured motorist coverage pays when the at-fault driver can't. Many Texans carry it without realizing.
- Commercial policies. If the at-fault driver was working — delivery, rideshare, trucking — business coverage is typically far larger than personal limits.
- Additional responsible parties. An employer, vehicle owner, property owner, or maintenance contractor may share liability.
This is where commercial cases diverge sharply from ordinary fender benders. Our $925,000 commercial auto collision result and $780,000 rideshare collision result both came from cases where the coverage behind the defendant was a different universe from a minimum-limits policy.
Why "average settlement" numbers are useless
Search results are full of average settlement figures. Ignore them. Averages blend catastrophic injuries with soft-tissue claims, clear liability with disputed liability, and minimum-limits policies with commercial coverage. Two people in the same intersection on the same day can have wildly different claims depending on injuries, fault, and available insurance.
Any firm quoting a number before reviewing medical records and the applicable policies is marketing, not evaluating.
What you actually take home
Settlement value and take-home are different numbers. Before funds reach you:
- Medical bills and liens get resolved — health insurers, hospitals, and providers who treated on a letter of protection may all assert claims.
- Case expenses — records, filing fees, experts — are accounted for.
- Attorney's fees are taken on contingency.
Negotiating those medical balances down is unglamorous work that can change your net recovery substantially — sometimes more than squeezing the last few thousand out of the insurer. It's why we have a specialist dedicated solely to reductions.
Factors that consistently raise value
- Clear liability — rear-end collisions, red-light violations, documented safety violations
- Objective injuries — fractures, herniations on imaging, surgery
- Consistent treatment — no long unexplained gaps in care
- Documented life impact — work missed, activities lost, credible testimony
- Available coverage — commercial policies or stacked UM/UIM
- Genuine trial readiness — insurers track which firms actually try cases
Get a real evaluation
A proper assessment means reviewing your crash report, medical records, and every applicable policy — including your own. That review costs nothing here, and there's no fee unless we win.
Common Questions
This article provides general information about Texas law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts — speak with a licensed attorney about your specific situation. Prior results do not guarantee a similar outcome.