What Is My Texas Personal Injury Case Worth?

The most common question every Texas personal injury client asks is: “What is my case worth?” The honest answer is that no responsible attorney can give you a specific number at the first phone call — too many variables affect case value. But the framework Texas courts and insurers use to evaluate cases is well established. A Texas personal injury lawyer at McFarlane Law walks every client through that framework, applies it to the specific facts, and provides a realistic value range supported by experience, comparable verdicts, and damages modeling.

Categories of Texas Personal Injury Damages

Texas personal injury damages fall into clear categories. Past medical expenses include all reasonable and necessary medical care already received — emergency room, hospitalization, surgery, physical therapy, prescriptions. Future medical expenses are projected into the future, often via a life-care plan prepared by a credentialed life-care planner. Past lost wages compensate for income lost to date because of the injury. Future lost earning capacity — often the largest economic damage in serious cases — compensates for the present value of the difference between pre-injury and post-injury earning capacity over the worker’s remaining work life. Non-economic damages include physical pain, mental anguish, physical impairment, disfigurement, and loss of consortium for spouses. Exemplary (punitive) damages are available in gross negligence cases.

Calculating Each Damage Category

Past medical and lost wages are documented from records and pay stubs. Future medical care is projected via life-care plan, with each line item priced and discounted to present value by an economist. Future lost earning capacity is computed by a vocational expert (assessing what work the plaintiff can still do) and an economist (projecting earnings differential and present-value discount). Non-economic damages have no formula in Texas — they are determined by jurors based on evidence of pain, suffering, impairment, and life impact. Skilled trial lawyers present non-economic damages with photographs, video, journals, family testimony, and expert testimony from treating physicians and life-care planners.

Texas Cap on Exemplary Damages

Texas caps exemplary damages at the greater of (a) $200,000 or (b) 2× economic damages plus an amount equal to non-economic damages up to $750,000. The cap does not apply to certain intentional crimes. Caps reduce the exposure of grossly negligent defendants and limit punitive recovery in many cases. Strategy in cases where punitive damages may apply involves both establishing the gross negligence finding and structuring the economic damages to maximize the cap calculation. McFarlane Law has extensive experience with Texas exemplary damages and uses every available avenue to maximize total recovery.

Why You Need a Lawyer to Determine Real Value

Many Texas personal injury plaintiffs receive lowball “first offer” settlements from insurance carriers that are 10 to 30 percent of the case’s actual value. Without a lawyer, plaintiffs frequently miss future medical needs, leave non-economic damages on the table, and settle without identifying every available defendant or insurance policy. McFarlane Law’s case evaluation includes a full damages model, identification of every potential defendant, analysis of insurance coverage, and a realistic settlement range. We provide this evaluation in a free consultation with no obligation. Our contingent fee structure means we only get paid when you do — so we have every incentive to maximize your case value.

Related Practice Areas

Related: how settlements work, comparative fault, types of cases, medical bills. Hub: Texas personal injury lawyer.

Talk to a Texas Injury Lawyer Today

Find out what your case is worth in a free consultation with McFarlane Law. Austin (512) 222-4900, Odessa (432) 803-5000.