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★ Texas · fracture

Fracture settlements
in Texas.

By Reviewed by Abd Shanti, Founder9 min read

Texas juries award serious money when a fall ends a professional career. A dentist who slipped on a wet, repeatedly painted pool deck at a condominium party won $900,000 for lost earning capacity alone, and the Court of Appeals affirmed.

Facts that decide a fracture claim in Texas

Lost earning capacityAn economist’s present value estimate of lost professional earnings can support an award close to that figure.Towers of Town Lake v. Rouhani (Tex. App. 2009)
Fault rule“A claimant may not recover damages if his percentage of responsibility is greater than 50 percent”; at 50% or less, damages are reduced by that share.Tex. Civ. Prac. & Rem. Code § 33.001, as quoted in GEICO County Mutual v. Bogale (Tex. App. 2019)
Deadline to sueA person must bring suit for personal injury “not later than two years after the day the cause of action accrues,” and must use diligence to serve the defendant.Tex. Civ. Prac. & Rem. Code § 16.003(a), as quoted in Carias v. Owens (Tex. App. 2022)
Claims against governmentNotice within 6 months (city charters can set their own period); damages capped at $250,000 per person for the State and cities, and $100,000 for counties and other local units.Tex. Civ. Prac. & Rem. Code §§ 101.101, 101.023, in the MyClaimWorth notice of claim chart
united states · sister site
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★ TX · reported fracture outcomes

What Texas courts have awarded.

Real Texas decisions and verdicts, each linked to the court record or official report.

  • Towers of Town Lake Condominium Association v. Rouhani
    Texas Court of Appeals · 2009
    $900,000 lost earning capacity plus pain and other damages, affirmed

    At a condominium party, dentist Venus Rouhani was splashed by children in the indoor pool, got up to move, and slipped after two or three steps, landing on her back and right shoulder on a stamped concrete deck painted with six coats of enamel over seven years. Her sister saw water on the deck. An economist put her lost future earning capacity at $902,297. The jury awarded $900,000 for that, $100,000 for past and $200,000 for future pain and mental anguish, $67,000 in past lost earnings and more; the judgment was affirmed.

★ TX · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in Texas.

  1. 1

    The surface matters. Evidence that the deck had six coats of enamel paint helped show it became dangerously slick when wet.

  2. 2

    Witnesses to the condition are key. Rouhani’s sister testified that children were splashing and water was on the deck.

  3. 3

    For professionals, lost earning capacity can dwarf other damages. Rouhani’s $900,000 award for it tracked her economist’s $902,297 estimate.

  4. 4

    Your own account of the scene counts. Rouhani did not see water before she fell, but noticed afterwards that the deck felt cold and the back of her clothes was wet.

★ TX · statute of limitations
2 years from date of injury

Tex. Civ. Prac. & Rem. Code § 16.003

★ TX · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ TX · caps

What caps recovery.

Statutory caps that may bear on a fracture settlement in Texas.

★ fracture · same region & fault regime

Compare to like jurisdictions.

How Texas's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
Texas · you are hereModified comparative, 51% bar2 years from date of injury—
VirginiaPure contributory negligence2 years from date of injuryVA · fracture →
West VirginiaModified comparative, 51% bar2 years from date of injuryWV · fracture →
AlabamaPure contributory negligence2 years from date of injuryAL · fracture →
ArkansasModified comparative, 50% bar3 years for personal injury; 2 years for medical malpracticeAR · fracture →
FloridaModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · fracture →
GeorgiaModified comparative, 50% bar2 years from date of injuryGA · fracture →
VermontModified comparative, 51% bar3 years from date of injuryVT · fracture →
WisconsinModified comparative, 51% bar3 years from date of injuryWI · fracture →
WyomingModified comparative, 51% bar4 years from date of injuryWY · fracture →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · fracture →
UtahModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeUT · fracture →
WashingtonPure comparative negligence3 years from date of injuryWA · fracture →
★ TX · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
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Sources

Checked 2026-09-29.

★ all of TX
Texas overview

Fault rule, statute, caps, and key facts for Texas as a whole.

★ national frame
Fracture in United States

Fracture band structure and severity tiers at the US level.

★ all 15 countries
Fracture · everywhere

Cross-jurisdiction comparison of fracture bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Texas. See /methodology, /sources, and /disclaimer.