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★ Texas · head & brain

Head & brain settlements
in Texas.

By 6 min read

Texas applies modified-51 comparative fault with a hard $250,000 cap on medical-malpractice non-economic damages per defendant ($500,000 aggregate). For head & brain claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for Texas's modified comparative — 51% bar and any applicable statutory cap.

Texas applies modified comparative negligence with a 51% bar. A head & brain claimant who is 50% at fault still recovers 50% of damages; one assigned 51% recovers nothing. This is slightly more claimant-friendly than the 50% bar applied in some neighbouring states, and it leaves room for negotiation in mixed-liability head & brain cases where the comparative-fault split is close to even.

Head injury and traumatic brain injury claims sit at the upper end of the US band and are most affected by statutory caps. Texas's caps (medical malpractice cap, punitive damages cap) can compress catastrophic head & brain verdicts even where the underlying damages — future care, lost earning capacity, life-care plan costs — clearly justify the higher figure.

★ band · US federal frame
$500,000 – multi-million
Severe traumatic brain injury
Catastrophic-case reported decisions

The US band is the starting point. Texas's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your head & brain claim in Texas. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own head & brain case in about two minutes, no cost and no obligation.

Check my case
★ 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 severity tiers · US frame

How the band stratifies.

The state-by-state tort law · jury verdict reporters · statutory caps stratifies head & brain into the tiers below. Texas courts apply the same tier structure, adjusted for state-specific factors.

Severity tierBandBasis
Concussion / mild TBI$25,000 – $100,000Reported decisions
Severe traumatic brain injury$500,000 – multi-millionCatastrophic-case reported decisions
★ 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.

★ all of TX
Texas overview

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

★ federal 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 starting points: the US band adjusted for Texas's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Texas. See /methodology, /sources, and /disclaimer.