How much can I be sued in a car accident in Texas?

Asked by: Waylon Ritchie  |  Last update: August 29, 2025
Score: 4.1/5 (36 votes)

According to the cases on this page, car accident settlement amounts in Texas can range anywhere from $142,500 to $4,500,000. Settlements depend greatly on the unique circumstances of each case, which is why there is no accurate average car accident settlement amount for car accidents in Texas.

How much can someone sue for a car accident in Texas?

In Texas, the amount someone can sue for a car accident varies depending on several factors, including the severity of injuries, property damage, and liability. Victims may claim damages for medical expenses, lost wages, and pain and suffering, potentially resulting in significant compensation if negligence is proven.

What is the average settlement for a car accident in Texas?

Average Car Accident Settlement Amounts in Texas

Minor Accidents: Settlements for minor injuries such as bruises or sprains usually range from $3,000 to $15,000. Moderate Accidents: Settlements often range from $20,000 to $75,000 for injuries requiring hospital visits or short-term physical therapy.

How much does a lawyer get from a car accident settlement in Texas?

In Texas, injury lawyers typically work on a contingency fee structure that grants them 33.33% of the total recovery if the case settles without litigation, 40% if it settles during litigation, and 45% if the case must go up on appeal.

What happens if someone sues you after a car accident in Texas?

If the other driver wins a car accident lawsuit against you, your insurance will cover whatever compensation they demand up to the limits of your policy. If their losses exceed the limits of your coverage, however, you will have to make up the difference some other way.

What Is The Average Car Accident Settlement In Texas? | Patterson Law Group

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How long does a car accident lawsuit take in Texas?

While a simple car accident case can settle in weeks if you have fully recovered and liability is clear, complicated cases can take between one and three years to settle.

What happens when someone sues your insurance after an accident?

Your insurance policy likely includes a clause requiring you to notify them immediately of any legal action taken against you. For this reason, as soon as you receive notice of a lawsuit, inform your insurance company. They will assign an adjuster to your car accident case who will help you throughout the process.

Is it worth hiring an attorney for a car accident?

A lawyer well-versed in accident cases is invaluable and can handle everything from discussions with insurers to steering you through the legal process. Without professional guidance, you might find yourself overwhelmed by the claims process, potentially missing out on the full compensation you deserve.

How are personal injury settlements paid out in Texas?

This compensation is typically paid out through a personal injury settlement, which is an agreement between the injured party and the at-fault party or their insurance company. Settlements are usually disbursed through either a lump sum payment or a structured settlement, each with its unique benefits and drawbacks.

What percentage of a settlement do injury lawyers get?

Most personal injury lawyers in California take between 33 to 40 percent of each settlement or award they win, but can go as high as 50 percent depending on the complexity of the case.

How much are most car accident settlements?

Average Car Accident Settlement Examples in California
  • Whiplash: $5,000-$20,000.
  • Mild-Moderate Concussion: $20,000-$30,000.
  • Knee or Shoulder Injury: $30,000-$100,000.
  • Broken/Fractured Bones: $30,000-$100,000.
  • Moderate Neck or Back Injury: $30,000-$100,000.
  • Herniated Disc: $50,000-$100,000+

What is the maximum injury compensation in Texas?

In Texas, there are not any specific damage caps that limit the amount of compensation a plaintiff can recover in a personal injury case.

Do you have to pay back insurance if you get a settlement Texas?

Typically, yes – you may have to pay back health insurance or worker's compensation if you receive a settlement. This happens if the insurance company covers your medical expenses or other costs related to the accident before the settlement.

Do most people sue after a car accident?

You might wonder if you can sue someone personally after a car accident. While this may be an option, it's not usually necessary. You typically go through the driver's insurance company for reimbursement of your costs, not the driver individually.

What is the average payout for a rear-end collision in Texas?

On average, settlements for rear-end accident injuries in Texas typically range between $15,000 and $30,000. However, it's important to note that the actual settlement you receive can vary widely depending on several factors unique to your case.

What is the most you can get from a car accident?

While the typical car accident settlement will fall between $5,000 and $100,000, your specific recovery could range from a few thousand to millions, depending on the extent of damage to your vehicle, the severity of your injuries, the at-fault party's insurance details, and more.

How is pain and suffering calculated in Texas?

Typically, the multiplier method starts by calculating economic damages—medical expenses, lost earnings, and other easy-to-count damages. The next step is to come up with a multiplier, which is typically a number between 1.5 and 5. The more severe the pain and suffering, the higher the multiplier.

Who gets paid first in a personal injury settlement?

Typically your attorney will take their fees out of the settlement disbursement first, then your medical providers will be paid, and you will receive what is left.

How long does it take to get a settlement check in Texas?

In Texas, insurance companies have five business days after notifying the injured party that they will pay a personal injury claim or part of the claim to issue a settlement check.

Why do I have to go to court after a car accident?

You may have to go to court after a car accident if you are the plaintiff in a personal injury case. With help from a lawyer, you can sue a liable party for damages. You may do so in accordance with California's deadlines to sue someone and have to go to court to explain why you should recover damages.

Do insurance companies want you to get a lawyer?

Insurance Companies Don't Want You to Have Legal Help

Their goal may be to deny their policyholder's responsibility entirely or, at the very least, minimize the compensation they pay you. Without a lawyer, you're less likely to push back on an initial settlement offer, which is often intentionally low.

How does the settlement process work?

A settlement occurs when the plaintiff and defendant agree that the defendant pays a certain amount in return for the plaintiff dropping the lawsuit. Once a settlement has been reached, the two sides do not proceed to trial. Sometimes an insurance company will make the payment and not an individual defendant.

What happens if someone sues you and you have no money?

The plaintiff might attempt wage garnishment or bank account levies. Some defendants might be considered “judgment proof” if they have no assets. Possible Outcomes and Future Collection: Judgments remain active for several years and could be renewed.

How likely is an insurance company to sue you?

While subrogation allows insurance providers to pursue third parties, an insurer usually cannot sue their policyholders. However, there are certain situations where an insurer may take legal action against its policyholder.

Can I sue my insurance company for emotional distress?

Yes, you can sue for emotional distress under the common law standard, but it can be hard to prove. This is because you must show that the result of your claim denial caused you pain and suffering or emotional distress. This intangible loss can be more difficult to prove than, say, the cost of medical bills.