Blog · Damages
How Much Is My Texas Car Accident Case Worth?
It's the first question everyone asks, and any lawyer who answers it with a number in the first phone call is guessing — or selling. The truthful answer is that case value is built, not discovered. But the factors that build it are knowable, so here's how it actually works in Texas.
The two buckets of damages
Economic damages are the ones with receipts: medical bills (past and future), lost wages, reduced earning capacity, and property damage. In Texas, recoverable medical expenses are generally limited to amounts actually paid or owed — not the inflated "sticker price" on hospital bills — which is one of several reasons two cases with identical injuries can have very different values.
Non-economic damages compensate for what the injury did to your life: physical pain, mental anguish, disfigurement, physical impairment, and loss of enjoyment. There's no formula in the statute. Adjusters sometimes use multipliers of the economic damages as a starting point, but what actually drives this number is the story the evidence tells — how the injury changed your work, your sleep, your ability to pick up your kids.
What moves the number up or down
- Liability clarity. A rear-end collision with a police report assigning fault is worth more than a disputed intersection crash with no witnesses — even with identical injuries.
- Comparative fault. Texas follows a modified comparative fault rule (the "51% bar"): your recovery is reduced by your percentage of fault, and if you're found more than 50% responsible, you recover nothing. Insurers know this, which is why adjusters work hard to put fault on you early.
- Treatment record. Prompt care, consistent treatment, and clear documentation raise value. Gaps and missed appointments lower it — fairly or not.
- Policy limits. The at-fault driver's insurance is usually the practical ceiling. Texas minimum liability coverage is $30,000 per person — which serious injuries exceed quickly. That's where underinsured motorist (UIM) coverage on your own policy becomes critical, and it's the first thing I check in every case.
- Who's defending. A commercial defendant (an 18-wheeler, a company vehicle) usually means bigger policies, more aggressive defense, and a very different case strategy.
What about my own costs?
Most injury attorneys, including this office, handle these cases on a contingency basis — the fee is a percentage of the recovery, agreed in writing up front, and you owe no fee if there's no recovery. You'll also want to understand how medical liens and case expenses are handled before you sign with anyone; a good fee agreement explains all of it in plain language (and in your language).
Related reading: What to do after a car accident in Dallas — the step-by-step checklist.
Want a straight answer about your case?
Bring me the crash report and your bills, and I'll tell you honestly what you have — and what you don't. Free consultation, English y español.
Call 979-657-LoDJ