Modified Comparative Negligence (51% Bar)
Texas follows modified comparative negligence with a 51% bar (Texas Civil Practice and Remedies Code § 33.001). Plaintiff is barred from recovery if more than 50% at fault. If 50% or less at fault, damages are reduced proportionally.
No Cap
No limit on non-economic damages
2 years for personal injury
Deadline to file your lawsuit
Texas follows modified comparative negligence with a 51% bar (Texas Civil Practice and Remedies Code § 33.001). Plaintiff is barred from recovery if more than 50% at fault. If 50% or less at fault, damages are reduced proportionally.
Example:
If plaintiff is 30% at fault for $100k damages, they recover $70,000. If plaintiff is 51% or more at fault, they recover $0.
Medical malpractice has specific caps; no general PI caps
$0
Based on reported cases in Texas
28,506
Personal injury lawsuits per year
This calculator provides estimates only and is not legal advice. Laws in Texas are complex and individual case results vary. Consult a licensed Texas attorney for advice specific to your case.