How Much Can You Sue for a Car Accident in Texas? Attorney Value and What You Keep from a $25K Settlement

Money after a crash is not abstract. It pays medical bills, covers rent, and steadies a family. So, the question shows up fast: how much can you sue for a car accident in Texas, and what do you actually keep from a settlement, like $25,000? The honest answer depends on fault, insurance limits, medical proof, and how a case gets built. And for drivers in San Antonio, local rules, common crash types on I-10 or Loop 410, and insurer habits in Bexar County matter as much as the black-letter law.

This guide explains how claim value gets set in Texas, what affects your take-home amount after fees and medical costs, and how a Texas car accident attorney helps you turn a “policy limit offer” into real money in your pocket. The focus stays simple and direct, with real examples and practical steps.

Texas law basics that shape value

Texas is an at-fault state. The driver who caused the crash pays for damages through insurance or personal assets. Most cases start as claims with the at-fault driver’s insurer, and many settle before a lawsuit. If a lawsuit is needed, it is filed in state court, usually in Bexar County for San Antonio wrecks, unless another venue fits better.

Texas uses proportionate responsibility. That means your recovery drops by your percentage of fault. If you are 20 percent at fault, your compensation drops by 20 percent. If you are 51 percent or more at fault, you recover nothing. This single rule can swing outcomes by thousands of dollars. Evidence from photos, dash cams, intersection camera pulls, ECM data in trucks, and eyewitness statements matters, and it matters early.

Texas requires drivers to carry minimum liability limits of $30,000 per person, $60,000 per crash, and $25,000 for property damage, often called 30-60-25. Many drivers carry only these minimums. Others carry $50,000, $100,000, or more. Many policies in San Antonio add personal injury protection or MedPay. Some drivers carry uninsured or underinsured motorist coverage, called UM or UIM. Your own policy can change your options if the other driver has low limits or no insurance at all.

There is a two-year statute of limitations for personal injury claims, usually running from the crash date. If a government entity is involved, notice rules are shorter, sometimes as little as 90 to 180 days. Miss a deadline and the claim can die on the spot. This is why a call to a lawyer early matters.

What damages you can claim in Texas

Your claim may include medical expenses, lost wages, loss of earning capacity, pain and suffering, mental anguish, physical impairment, disfigurement, and property damage. In plain English: medical bills today and in the coming months, the paychecks you missed, the long-term impact on work, the change in your daily life, and the car repairs or total loss.

There is no general cap on pain and suffering in ordinary car crash cases against private parties. Caps do apply in medical malpractice claims and punitive damage scenarios, but those are different categories. In a typical San Antonio rear-end or T-bone crash, the ceiling often comes from insurance policy limits and from fault splits, not a legal cap on damages.

So, how much can you sue for?

You can sue for the full amount of your losses supported by evidence: the bills, the records, the proof of pain and limits on your routine. But the practical ceiling often equals available insurance, unless the at-fault driver has assets to pursue or a business policy applies. If the driver carries the Texas minimum 30-60-25 and you suffered a herniated disc with injections, a $30,000 per-person limit can become the key number. If the at-fault driver was working for a company at the time, a commercial policy with $1 million may apply. That shift changes everything.

In San Antonio, most soft tissue cases with conservative care and full recovery tend to resolve within the $15,000 to $50,000 range, depending on medical totals and fault fights. More serious injuries like fractures, surgical cases, or traumatic brain injury can reach six or seven figures where coverage exists. These are broad bands, not promises. The actual value rests on records, credibility, venue tendencies, and insurance posture.

What you keep from a $25,000 settlement in Texas

A $25,000 settlement usually means a policy limit offer from a driver with minimum coverage, or a modest settlement within a higher policy. What matters is the net amount you take home. Here is how the money often flows in a clear, simple structure.

First, the settlement check goes to the law firm trust account. This is standard practice in Texas. From there:

• Attorney’s fee: Most injury lawyers in San Antonio use contingency fees. A common rate is 33 to 40 percent before a lawsuit, rising if a lawsuit or trial is needed. At 33 percent on $25,000, the fee is $8,250. At 40 percent, it is $10,000. The agreement you sign controls the numbers. Always read it, ask questions, and keep a copy.
• Case costs: These are out-of-pocket expenses to build your claim. Examples include medical records charges, filing fees, service fees, deposition costs, expert fees, and postage. On a $25,000 case that resolves before a lawsuit, costs might run from $100 to $800. If a lawsuit is filed, costs can grow to several thousand dollars. Firms itemize these numbers on the final settlement statement.
• Medical bills and liens: Healthcare providers and health plans get paid from the settlement. Texas hospitals can file liens when they treat crash injuries. Medicare, Medicaid, and some health plans require repayment of certain amounts they paid. If you treated on a letter of protection in San Antonio, the provider usually expects payment from the settlement. Negotiation at this step makes a major difference in your net.
• Your net: After fees, costs, and medical payments, the remainder goes to you.

Let’s make it concrete. A driver in San Antonio settles for $25,000. The attorney fee is 33 percent, or $8,250. Case costs are $350. Medical bills total $9,500 with a hospital lien and a clinic under a letter of protection. After negotiation, medical paydowns bring it to $7,000. Your net: $25,000 minus $8,250 minus $350 minus $7,000 equals $9,400. Change the fee to 40 percent or the costs to $2,000 and the net moves down. Improve medical reductions and your net moves up. That is why negotiation after the settlement is as important as negotiation before it.

Why policy limits control many outcomes

Insurance pays claims up to the policy limit. If the other driver has $30,000 per person, the carrier will not write a check for $60,000 on a single person injury claim, even if your damages support it. Can you collect the rest from the driver’s assets? Sometimes, but often not. Many at-fault drivers with minimum limits do not have attachable assets that justify the chase.

So what do you do when your injuries exceed the at-fault policy? In Texas, you look at three doors. First, confirm all available liability coverage: was the driver in a work truck, using a rideshare app, or driving a borrowed car? Second, turn to your own Carabin Shaw, PC. – Car Accident Attorneys San Antonio UM or UIM coverage. If you carry $50,000 UIM, you can make a claim after collecting the at-fault policy. Third, look for third-party defendants, like a bar that overserved a drunk driver under the Dram Shop Act, or a company that failed to maintain a fleet vehicle. A well-run investigation in San Antonio checks each door.

The value a Texas car accident attorney brings to the table

A Texas car accident attorney changes outcomes in quiet ways that add up to real money. Insurers measure risk. When a file shows organized medical proof, credible witnesses, clean liability analysis, and a lawyer willing to file suit in Bexar County, offers move. In practical terms, here is what that looks like.

Evidence gets gathered promptly. Photos of skid marks on Bandera Road fade. Intersection video on Military Drive gets overwritten in days. A written preservation request keeps it alive. Medical records get ordered early, not weeks before a demand. Bills get itemized. Missed work is proven with pay stubs or employer letters, not just a note saying “off work.”

Liability gets framed clearly. If the crash happened in a no-left-turn zone near Loop 1604, that detail matters. If a truck’s event data recorder shows hard braking and no downshifting, that matters. Your percentage of fault can drop from 30 percent to 10 percent with the right proof. That swing alone can add thousands to your net without adding a single medical bill.

Damages get documented in plain terms. A demand letter that ties the MRI findings to the symptoms and shows the treatment path step by step, with gaps explained, helps an adjuster defend a higher offer to a supervisor. It sounds simple, and it is, but it takes time and focus.

Medical balances get reduced. In San Antonio, hospitals often agree to lower lien amounts, especially when policy limits are tight. Health plans negotiate subrogation. Providers under letters of protection will reduce bills where the math requires it to close the case. These calls and emails happen after the settlement, and they directly change your net. Many clients never see this part, but they feel it in the check they receive.

What if your injuries are minor and you have a $25K offer?

Many calls from San Antonio drivers involve sprains, strains, and headaches that resolve within a few months. If medical bills are $3,000, lost wages are $1,000, and you feel back to baseline, a $25,000 policy limit offer can be very strong. The question becomes less “Can I get more?” and more “What do I keep?”

A lawyer still adds value by cutting medical and subrogation claims while keeping fees and costs in balance. Sometimes a firm adjusts the fee or caps costs on small-limit cases to protect the client’s net. Ask about this before you sign. A clear fee discussion builds trust and avoids surprises.

What if your injuries are serious and the other driver has low limits?

This is where strategy matters. A San Antonio driver with a surgical neck case and $30,000 at-fault coverage needs a plan. Confirm the limit in writing. Secure the liability policy in full. Turn next to UIM coverage. If you carry $100,000 UIM, collect the $30,000, then make a UIM claim for the balance. Coordinate liens so they apply to both recoveries. Keep a trial clock in mind. Some UIM claims resolve fast, others require a lawsuit. Venue matters here, and Bexar County juries weigh facts carefully.

If there is no UIM, look for other defendants. Was a company involved? Did a defective part contribute? Did a bar overserve the driver? True, most cases do not open these doors. But the ones that do change the outcome for families who need it most.

How fault percentages change your result

Comparative fault is math with real consequences. Picture a crash at Fredericksburg Road and Wurzbach. You enter on a yellow. The other driver speeds through a red. The insurer claims you were 30 percent at fault. If the case value is $50,000, your gross drops to $35,000 under the rule. Move your fault down to 10 percent with intersection video and a witness from the gas station, and your gross rises to $45,000. That difference can be larger than any fee change. This is why an attorney’s focus on liability evidence is not just legal work, it is money in your pocket.

Medical billing, liens, and what to expect in San Antonio

Local practice shapes outcomes. San Antonio hospitals often file liens within days. Physical therapy groups use letters of protection if you do not have health insurance. Orthopedic groups do the same. Health insurers send subrogation notices through third-party vendors.

Expect paperwork. Expect forms for HIPAA releases, plan summaries, and lien statements. A law firm centralizes all of this, tracks deadlines, and keeps the math honest. And when settlement arrives, someone has to call, email, and press for reductions that reflect policy limits and what's fair. The timing of those calls matters as much as the tone. Vendors respond to complete documentation and to a clear hardship story backed by numbers, not drama.

How taxes work on personal injury settlements in Texas

For most injury cases, money for physical injuries, medical bills, and pain and suffering is not taxable under federal law. Interest on the settlement, if any, can be taxable. Money paid for lost wages may be treated differently in some contexts, but in physical injury cases, it usually falls under the same non-taxable umbrella. Punitive damages, if awarded, can be taxable. For a typical San Antonio car crash settlement, taxes rarely apply to the main recovery. If questions arise, an accountant can confirm your exact situation.

What hurts claim value and how to avoid it

Several missteps cut value fast, and they are common. Gaps in treatment give carriers an excuse to argue you healed, then “got hurt again” later. Posting workout videos or weekend trips on social media while you claim serious pain invites scrutiny. Delaying MRI or specialist consults leaves medical proof weak. Giving recorded statements without legal guidance can open fault doors that do not need to be open. Each of these can be fixed or managed if a Texas car accident attorney gets involved early.

Choosing a San Antonio lawyer and setting expectations

Two things matter most: communication and results grounded in reality. A good fit means the lawyer explains the process in plain language, shares a timeline, and sets realistic ranges. Ask who will handle your file day to day. Ask about average fee percentages before and after filing suit. Ask how the firm approaches medical reductions once the settlement arrives. And ask how often they handle cases in Bexar County courts.

Clear expectations reduce stress. Expect a demand to go out after treatment reaches a stable point, not the day after the first therapy session. Expect 30 to 60 days for many insurers to process demands, sometimes longer. Expect negotiation, a possible counter, and a final offer. If a lawsuit is needed, expect the calendar to stretch. San Antonio dockets move, but not overnight. Knowledge helps you stay patient and focused.

A practical path after a crash in San Antonio

Here is a simple, local-first sequence that works well.

• Get medical care right away, then follow through. ER, urgent care, or PCP, then specialist if needed.
• Document everything: photos of the scene, vehicles, bruises, and parts that fell off. Save all receipts.
• Call a Texas car accident attorney who handles cases in San Antonio. Share facts, not guesses.
• Do not post about the crash online. Let evidence, not social media, tell your story.
• Use your health insurance when possible. It often lowers medical costs and improves your net.

This five-step path keeps the claim clean and the value intact.

What if the insurer calls with a fast settlement?

Quick money is tempting. A $1,500 or $3,000 offer in week one shows up often. If you feel fine and only have a sore neck for a day or two, it may be reasonable. But bodies hide injuries. Herniations and concussions can surface days later. Signing a release ends your claim forever, even if a bigger injury appears. A brief free case review with a Texas car accident attorney in San Antonio can help you decide whether to wait for diagnosis or take the early check.

Frequently asked, answered simply

How long will my case take? Many San Antonio claims settle within three to six months if injuries are minor and treatment ends quickly. Serious cases can take a year or more, especially if surgery is involved or a lawsuit is filed.

Do I have to go to court? Most cases settle without a trial. Some require a lawsuit to drive a fair offer. Filing suit is not the same as going to trial. The majority still resolve before a jury hears the case.

Can I use my own insurance if the other driver denies fault? Yes. You can use your collision coverage for the car and MedPay or PIP for medical bills. Your carrier may seek reimbursement from the at-fault insurer later. Using your coverage does not hurt your right to pursue the other driver.

What if the other driver had no insurance? If you carry UM coverage, you can make a claim under your policy. If you do not, collection becomes difficult unless the driver has assets, which is rare in no-insurance cases.

How do I pick the right policy limits for myself going forward? Consider at least $100,000 to $300,000 in liability and matching UM or UIM limits. Add PIP if available. In San Antonio, this level often protects you from low-limit drivers and gives you a real safety net.

Bringing it all together for San Antonio drivers

You can sue in Texas for what you can prove, and you can collect up to available insurance or assets. For many, a $25,000 settlement is the policy ceiling, not the value ceiling. What you keep depends on attorney fees, case costs, and medical payments that can be negotiated down with persistence and clear documentation. A Texas car accident attorney helps at each step: liability proof, medical record clarity, negotiation before settlement, and reductions after.

If you were hurt on I-35 near downtown, clipped in Alamo Heights on Broadway, or sideswiped on Loop 410 near Castle Hills, local experience matters. Insurers pay attention to how a San Antonio file is built, and that can directly change the number on your final check. And if you hold an offer right now, even a policy limit offer, a quick review can show you what you would actually keep, not just what the check says at the top.

Ready to understand your real net from a $25,000 offer or to push for the coverage you deserve? A focused conversation with a Texas car accident attorney who handles San Antonio claims can make the next step clear.

This article provides general information and is not a substitute for legal advice; consult with experienced lawyers for personalized guidance Attorney Advertising: The information contained on this page does not create an attorney-client relationship nor should any information be considered legal advice as it is intended to provide general information only. Prior case results do not guarantee a similar outcome.