What Is My Case Worth?
How personal injury cases are valued in Texas.
"What is my case worth?" is the first question anyone asks after being hurt in an accident. It's also the hardest one to answer honestly — because the real number depends on factors most people don't know about. Insurance companies have teams of actuaries calculating exactly how little they can pay you. On your side, a personal injury attorney calculates what your claim is actually worth based on your medical treatment, lost income, pain and suffering, and the specific facts of your case.
Here's how that math works, stripped down to what actually matters.
What Counts as Damages in Texas
Medical expenses
Every dollar spent on treatment related to the accident — ER visits, ambulance rides, surgery, physical therapy, prescription medications, imaging (MRI, CT, X-ray), chiropractic care, mental health counseling. This includes past medical bills and estimated future treatment. A herniated disc from a car accident might require surgery months after the wreck. That future cost is part of your case value.
Lost wages and earning capacity
Time missed from work. Sick days and PTO used for recovery or doctor visits. If the injury prevents you from returning to the same job or reduces your ability to earn, that future lost income counts too. A construction worker with a back injury has a different loss of earning capacity than an office worker with the same injury. An attorney will work with vocational experts to calculate this accurately.
Pain and suffering
This is the non-economic damage — what the injury has cost you beyond money. Chronic pain. Sleepless nights. Anxiety about driving. Missing your kid's soccer game because you can't sit in the bleachers. Loss of enjoyment of life. In Texas, there is no cap on pain and suffering in most personal injury cases. This is often the largest component of a settlement and the area where having a trial attorney matters most — because juries award pain and suffering, and insurance companies price their offers based on what a jury might do.
Property damage
Repair or replacement value of your vehicle. Rental car costs. Personal property damaged in the wreck — laptop, phone, car seat. Property damage is usually settled separately and earlier than the injury claim.
Loss of consortium
If the injury has affected your relationship with your spouse — inability to be intimate, participate in family activities, or fulfill your role as a partner — your spouse may have a separate claim for loss of consortium under Texas law.
What Makes a Case Worth More (or Less)
Clear liability
If the other driver ran a red light and a police report confirms it, liability is clear. Your case is worth more because the insurance company has less room to argue. If fault is disputed or shared, the value drops. Texas uses modified comparative fault — if you are more than 50% at fault, you get nothing. If you are 20% at fault, your recovery is reduced by 20%.
Severity and permanence of injuries
A soft tissue strain that resolves in six weeks is worth far less than a herniated disc requiring surgery, which is worth far less than a spinal cord injury with permanent paralysis. Insurance companies categorize injuries and assign value ranges. The more serious and lasting the injury, the higher the case value. Traumatic brain injuries, multiple fractures, and injuries requiring ongoing care push settlements into six and seven figures.
Consistent medical treatment
Gaps in treatment kill case value. If you stop going to the doctor for three months and then resume, the insurance company argues you weren't really hurt during that gap. The paper trail of your medical treatment is the backbone of your case. Consistent, documented treatment from the accident through maximum medical improvement is what proves your injuries are real.
Insurance policy limits
Your case might be worth $500,000, but if the at-fault driver carries the Texas minimum of $30,000 per person, that's the most you can recover from their policy. This is where your own uninsured/underinsured motorist coverage matters. A truck accident is different — commercial policies typically carry $1 million or more. Government vehicles and commercial properties may have higher limits or different rules entirely.
Pre-existing conditions
In Texas, the "eggshell plaintiff" doctrine means the at-fault party takes you as they find you. If you had a bad back and the wreck made it worse, they're responsible for the aggravation. A pre-existing condition doesn't eliminate your claim — but the insurance company will try to argue your symptoms are old, not new. Medical records documenting your condition before and after the accident are critical.
Who your attorney is
Insurance adjusters know which attorneys try cases and which ones don't. A firm with a track record of jury verdicts receives higher settlement offers than a firm that always settles. The attorney you choose directly affects your case value — not just through negotiation skill, but through the reputation that precedes them into every conversation with the insurance company.
Typical Case Value Ranges in Texas
These ranges are rough guides based on common personal injury case types in Texas. Every case is different, and these numbers assume clear liability and consistent medical treatment.
Why You Need a Lawyer to Know What Your Case Is Worth
The insurance company already knows what your case is worth. They have software that calculates it. They have adjusters who've processed thousands of claims. They are not going to tell you the real number. Their job is to close your claim for as little as possible.
A personal injury attorney calculates the same number — but from your side. They know how to project future medical costs with expert testimony. They know how to quantify pain and suffering based on jury verdicts in your county. They know which injuries are worth more than the insurance company's initial offer suggests. And they know when to reject a lowball offer because a jury would award more.
Every personal injury attorney in Texas offers free consultations. They work on contingency — they get paid a percentage of what you win. If they don't win, you pay nothing. There is no financial risk to finding out what your case is actually worth from someone who will fight for you.
Find Out What Your Case Is Worth
Free AI-powered case evaluation. 2 minutes. No obligation. No billboard lawyers.
Grade My Case Now