Texas Medical Malpractice Settlement Calculator
Estimate a medical malpractice settlement under Texas law. The calculator applies this jurisdiction's own comparative fault rule and damages ceilings, and every figure below is the one our verified data holds, with the statute behind it and the date we checked it.
What Texas law does to your claim
Four things in state law shape a malpractice claim: how long you have to file, what must happen before you file, what happens if you were partly at fault, and whether the state puts a ceiling on what a jury can award. Here is what we hold for this one.
Texas bars recovery if plaintiff is 51% or more at fault.
Tex. Civ. Prac. & Rem. Code § 33.001·Source retrieved 2026-07-27
Tex. Civ. Prac. & Rem. Code § 74.301·Last reviewed 2026-07-30
Tex. Civ. Prac. & Rem. Code § 41.008·Last reviewed 2026-07-30
Written notice by certified mail to each provider at least 60 days before suit, with the authorization form for releasing health information that the statute requires. Tex. Civ. Prac. & Rem. Code § 74.051(a) reads: “Any person or his authorized agent asserting a health care liability claim shall give written notice of such claim by certified mail, return receipt requested, to each physician or health care provider against whom such claim is being made at least 60 days before the filing of a suit in any court of this state based upon a health care liability claim. The notice must be accompanied by the authorization form for release of protected health information as required under Section 74.052” We read this section only, so it is not a complete list of what Texas requires before a suit.
Tex. Civ. Prac. & Rem. Code § 74.051(a)·Last reviewed 2026-10-16
None on record means our verified data holds no figure of this kind for this state. It is not a finding that no limit could apply to your claim.
What partial fault costs you in Texas
The same claim, fracture with surgery, several months of recovery, run through the calculator above four times, with nothing changed but the share of fault assigned to the claimant. The numbers are the engine's output, not an editorial claim about what these cases are worth.
One case, run through the calculator above four times with only the claimant's share of fault changed, under Texas law. No coverage ceiling is applied, because we would be inventing the at-fault party's policy. These shares illustrate the rule; they are not an estimate of your own fault.
Every Texas deadline we hold
A claim can be more than one kind of case, and the clock is different for each. These are the Texas periods in our verified data, with the statute behind each one. A deadline is the outside limit, never a target, and other rules can shorten it.
Tex. Civ. Prac. & Rem. Code § 16.003(a)·Source retrieved 2026-07-27
Open the personal injury calculatorTex. Civ. Prac. & Rem. Code § 74.251·Source retrieved 2026-07-27
Open the medical malpractice calculatorTex. Civ. Prac. & Rem. Code § 16.003(b)·Source retrieved 2026-07-27
Open the wrongful death calculatorTex. Lab. Code 409.003·Last reviewed 2026-07-28
Open the workers compensation calculatorTex. Civ. Prac. & Rem. Code § 16.003(a)·Source retrieved 2026-07-27
Open the slip and fall calculatorTex. Civ. Prac. & Rem. Code § 16.003(a)·Source retrieved 2026-07-27
Open the dog bite calculatorTexas against the rest of the country
Every count below is read from our state-law data across all 51 jurisdictions, so it moves when the data does. What you will not find here is an average settlement figure: the only one we could compute is a model, and a model presented as a measurement is not a fact.
- 24 of the 51 jurisdictions we track apply modified comparative negligence with a 51% bar, and Texas is one of them.
- Its 2 years to file is the same as the most common deadline in the country, which 31 jurisdictions use. Across the 51 jurisdictions the deadline for this case type runs from 1 year to 4 years.
- We have read the official text of 26 jurisdictions' rules on what must come before a malpractice suit, and 25 of them require something: a notice to the provider, an expert's affidavit, certificate or opinion, or a review panel. Texas is one of them.
- 23 of the 51 jurisdictions limit medical malpractice non-economic damages in our data, and Texas is one of them at $250,000, so a large non-economic award can be reduced to it.
Comparisons are drawn from the legal levers that actually move a case value, not from closed-case data, which we do not hold. See the full methodology
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Texas Medical Malpractice questions
Every document behind our state injury law figures, each linked with the date we last read it, is listed on our State Injury Law research sources page.