How Is Compensation Calculated in a Texas Personal Injury Case?

June 30, 2025

How Is Compensation Calculated in a Texas Personal Injury Case?

When you’ve been injured due to someone else’s negligence, one of the first questions that may come to mind is, “How much is my case worth?” In Texas, personal injury compensation is calculated by examining the economic and non-economic losses a person has suffered. At Brown & Musslewhite, Ltd., LLP, we help injury victims in Houston understand their legal options and pursue fair compensation.


Types of Compensation in Texas Personal Injury Cases


Texas law allows personal injury plaintiffs to recover two primary categories of damages:


1. Economic Damages


These are quantifiable financial losses that include:


  • Medical Expenses: Hospital bills, surgeries, medications, therapy, and future medical care.
  • Lost Wages: Income lost due to time away from work during recovery.
  • Loss of Earning Capacity: If the injury limits your ability to work in the future.
  • Property Damage: Such as damage to a vehicle in a car accident.


2. Non-Economic Damages


These are intangible losses that don’t come with a receipt:


  • Pain and Suffering
  • Emotional Distress
  • Loss of Enjoyment of Life
  • Disfigurement or Permanent Impairment


Juries and insurance companies evaluate these damages based on the severity of the injury, the length of recovery, and how the injury has altered your daily life.


Other Factors That Affect Compensation


Comparative Fault Rule


Texas follows a “modified comparative negligence” rule. If you are found partially at fault for your accident, your compensation will be reduced by your percentage of fault. If you're more than 50% responsible, you cannot recover any compensation.


Insurance Policy Limits


The at-fault party’s insurance policy limits can cap how much you can recover, unless additional assets are available.


Documentation and Legal Representation


The better you can document your injuries and financial losses, the stronger your case. Working with an attorney can help ensure nothing is overlooked and that you receive fair treatment from insurers.


Why Legal Guidance Matters


Every personal injury case is different, and there is no one-size-fits-all formula. An experienced attorney can evaluate your unique circumstances and advocate for the full compensation you deserve. At Brown & Musslewhite, Ltd., LLP, we work with Houston injury victims to build solid claims and pursue just outcomes.