Texas

Pre-Settlement Funding in Texas

If you have an active personal injury lawsuit in Texas, pre-settlement funding can provide a non-recourse cash advance against your case's expected value — no credit check, no monthly payments, and repayment only from your settlement if your case wins.

Texas has the second-largest volume of personal injury litigation in the country. It uses modified comparative negligence with a 51% bar, generally gives plaintiffs two years to file, and places no general cap on damages outside of medical malpractice and claims against government entities.

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Know the Law

Texas Personal Injury Law: What Affects Your Case

Texas's size and population drive the second-highest volume of personal injury filings of any state, spanning major metro car accident claims, statewide trucking and oilfield litigation, and everything in between.

Fault Rule	Modified comparative negligence with a 51% bar (Tex. Civ. Prac. & Rem. Code § 33.001) — if you are found 51% or more at fault, you cannot recover. At 50% or less, your damages are reduced by your percentage of fault.
Statute of Limitations	Generally 2 years from the date of injury (Tex. Civ. Prac. & Rem. Code § 16.003), with a discovery-rule exception for injuries that aren't reasonably discoverable right away.
Damages Cap	No general cap on economic or non-economic damages in standard personal injury cases. Medical malpractice claims are capped at $250,000 in non-economic damages per defendant, up to $750,000 total (Tex. Civ. Prac. & Rem. Code § 74.301). Claims against government entities are separately capped under the Texas Tort Claims Act.
Liability Rule	Proportionate responsibility (Tex. Civ. Prac. & Rem. Code Ch. 33) — defendants generally pay only their own percentage of fault, but a defendant found more than 50% responsible becomes jointly and severally liable for the full judgment.
Litigation Funding Regulation	No Texas-specific licensing or fee-cap law for consumer litigation funding is currently in effect; Texas courts have generally treated non-recourse advances as a purchase of case proceeds rather than a loan — confirm current status before relying on this.

Eligibility

Who Qualifies for Funding in Texas

Most active Texas personal injury cases with attorney representation can be reviewed for funding — car accidents, 18-wheeler and commercial trucking claims (Texas's freight corridors and Permian Basin oilfield traffic see significant heavy-vehicle volume), oilfield and industrial accidents, premises liability, and wrongful death are all common case types.

Because Texas courts handle such a large caseload, cases can take time to move through litigation regardless of how strong the underlying claim is. Funding review focuses on liability strength and realistic settlement value rather than how long the case has been pending.

Why It Matters

What the 51% Bar and Proportionate Responsibility Mean for Your Case

Texas's 51% bar means that crossing the fault threshold eliminates a claim entirely rather than just reducing it, which makes liability allocation a central question in funding review. The state's proportionate-responsibility rule adds another layer in multi-defendant cases: most defendants pay only their own share of fault, so identifying a defendant whose responsibility exceeds 50% — and is therefore on the hook for the full judgment — can materially change a case's collectability and expected value.

On the other side of the ledger, Texas's lack of a general damages cap outside medical malpractice tends to support higher expected case values once liability is established, which is a meaningful factor in how much funding a case can support.

Q&A

Frequently Asked Questions

Can I get funding if I was partly at fault for my Texas accident?

Often, yes. Texas uses modified comparative negligence with a 51% bar: you can recover damages, reduced by your percentage of fault, as long as you are not found 51% or more at fault. Funding review weighs the fault allocation carefully because crossing that line bars recovery entirely.

How long do I have to file a personal injury lawsuit in Texas?

Generally two years from the date of injury under Tex. Civ. Prac. & Rem. Code § 16.003. A discovery-rule exception can extend this for injuries that aren't reasonably discoverable right away — confirm your specific deadline with your attorney.

Does Texas cap damages in my case?

It depends on the case type. Most Texas personal injury cases have no cap on economic or non-economic damages. Medical malpractice claims are capped at $250,000 in non-economic damages per defendant, up to $750,000 total. Punitive damages are also capped, and claims against government entities have separate, lower caps.

Is litigation funding regulated in Texas?

Texas does not currently have a state-specific licensing or fee-cap law for consumer litigation funding. Texas courts have generally treated non-recourse lawsuit funding as a purchase of an interest in case proceeds rather than a loan, so usury limits don't apply — ask any funding company directly about its agreement terms.

How fast can I get funding for a Texas case?

Most applications are reviewed within 24 hours of receiving your information and attorney confirmation.