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★ Texas · head & brain

Head & brain settlements
in Texas.

By Reviewed by Abd Shanti, Founder9 min read

A five year old in Houston fell out of a moving school bus’s emergency exit and suffered a skull fracture and a subdural hematoma. The jury assessed about $1.9 million against the bus company, and most of it survived appeal.

Facts that decide a head & brain claim in Texas

Future medical care for childrenJuries may award future medical care through the age of majority when supported by evidence; awards without evidence of future impairment can be reversed.Argueta v. Gutierrez (Tex. App. 2021)
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)
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)
Seat belt useAdmissible to apportion responsibility when relevant to the injuries.Nabors Well Services v. Romero (Tex. 2015), in the MyClaimWorth seat belt chart
united states · sister site
Your head & brain claim in Texas. See the number for your own case.

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★ TX · reported head & brain outcomes

What Texas courts have awarded.

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

  • Argueta v. Gutierrez
    Texas Court of Appeals · 2021
    About $1.9 million verdict, affirmed in part

    Max, age five, fell out of a school bus emergency exit while the bus drove through a Houston neighborhood, suffering a skull fracture and a subdural hematoma. His mother sued the bus operator for negligence. The jury assessed about $1.9 million, including $300,000 each for past and future pain and mental anguish and $288,000 for future medical care until he reaches adulthood. The Court of Appeals affirmed in part and reversed and rendered in part.

★ TX · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in Texas.

  1. 1

    School transport carries a high standard of care. An open emergency exit on a moving bus led to a verdict for the child’s family.

  2. 2

    Future care is proven in stages. The jury awarded $288,000 for medical care expected until Max reaches adulthood, supported by evidence of his needs.

  3. 3

    Each damages line must be backed by evidence. Parts of the Argueta award were reversed on appeal while the rest stood.

  4. 4

    Juries separate pain from impairment. Max received $300,000 each for past and future pain and mental anguish but only $5,000 for past physical impairment and nothing for future impairment.

  5. 5

    Bus operators are judged on how the vehicle is run. Max fell out through the emergency exit while the bus was moving through a residential street, which was the core of the negligence claim.

★ 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 head & brain settlement in Texas.

★ head & brain · 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 head & brain claims.

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

Head & brain band structure and severity tiers at the US level.

★ all 15 countries
Head & brain · everywhere

Cross-jurisdiction comparison of head & brain 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.