Who Pays Compensation to the Victims of a Texas Personal Injury Case?

February 23, 2026

Who Pays Compensation to the Victims of a Texas Personal Injury Case?

When someone is injured due to another party’s negligence in Texas, one of the first questions they ask is: who is responsible for paying compensation? Medical bills, lost income, and other financial losses can quickly add up, leaving victims under significant stress. Understanding where compensation comes from is an important step in pursuing a personal injury claim.


At The Major Law Firm Injury, we provide legal assistance to the San Antonio public and help injury victims seek the compensation they may be entitled to under Texas law.


The At-Fault Party


In most Texas personal injury cases, the person or entity that caused the accident is legally responsible for the damages. This is known as fault-based liability. For example:


  • A negligent driver may be responsible for a car accident.
  • A property owner may be liable for unsafe conditions that lead to a slip and fall.
  • A business may be responsible for injuries caused by defective products.


However, in many cases, the at-fault party does not personally write a check. Instead, their insurance company typically pays on their behalf.


Insurance Companies and Personal Injury Claims


Insurance plays a central role in most Texas personal injury cases. Common types of insurance that may provide compensation include:


  • Auto insurance in car and truck accident cases
  • Commercial liability insurance for business-related injuries
  • Homeowners insurance in premises liability claims
  • Professional liability insurance in certain negligence cases


When a claim is filed, the insurance company investigates and negotiates a potential settlement. If the insurance coverage is sufficient, it may fully cover medical expenses, lost wages, property damage, and pain and suffering.


What If Insurance Is Not Enough?


In some situations, insurance coverage may not be enough to cover the full extent of a victim’s damages. Texas only requires minimum liability insurance coverage, and serious injuries can exceed those limits.


If insurance is insufficient, victims may have options such as:


  • Filing a personal injury lawsuit directly against the at-fault party
  • Seeking compensation from multiple liable parties
  • Using their own uninsured or underinsured motorist coverage in auto accident cases


An experienced legal team can evaluate the available sources of recovery and pursue all appropriate avenues.


Comparative Fault in Texas


Texas follows a modified comparative fault rule. If an injured person is found partially responsible for the accident, their compensation may be reduced by their percentage of fault. If they are found more than 50% responsible, they may not recover damages at all.


Because insurance companies often attempt to shift blame to reduce payouts, building a strong case supported by evidence is critical.


Compensation Available in a Texas Personal Injury Case


Depending on the circumstances, compensation in a Texas personal injury case may include:


  • Medical expenses (current and future)
  • Lost wages and reduced earning capacity
  • Property damage
  • Pain and suffering
  • Mental anguish
  • In certain cases, punitive damages


Each case is unique, and the amount of compensation depends on the severity of the injury and the impact on the victim’s life.


How The Major Law Firm Injury Assists San Antonio Clients


Navigating a personal injury claim can be overwhelming, especially while recovering from injuries. At The Major Law Firm Injury, we provide legal assistance to the San Antonio public by investigating claims, dealing with insurance companies, and pursuing fair compensation on behalf of injured clients.


Our goal is to protect your rights and help you understand who may be responsible for paying your damages under Texas law.

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