# Basic Personal Injury Settlement Breakdown | Attorney Brian White **Table of Contents***[*Expand*]* 1. Total Damages 2. How Proportionate Fault Works in Texas 3. Medical Expenses and Liens 4. Case Costs 5. Contingency Fees 6. The Bottom Line: How Much of the Settlement You Receive 7. Contact the Houston Personal Injury Lawyers at Attorney Brian White Personal Injury Lawyers For Help ![Basic Personal Injury Settlement Breakdown: How Much Goes in My Pocket?](https://attorneybrianwhite.com/wp-content/uploads/2021/12/Basic-Personal-Injury-Settlement-Breakdown-How-Much-Goes-in-My-Pocket-300x176.jpg) When you have a personal injury [claim](https://attorneybrianwhite.com/blog/claim-vs-lawsuit/), you likely want to know how much money you will receive when your case settles when you have a [personal injury](https://attorneybrianwhite.com/) claim. Certain items will get deducted from the gross settlement amount.  It could help to get an answer to the question, “how much goes in my pocket?” ## Total Damages We need to start with the total settlement amount. Let’s say that you have $20,000 in medical bills from a [car accident](https://attorneybrianwhite.com/houston-tx/car-accident-lawyer/) and some [lost wages](https://attorneybrianwhite.com/houston-tx/wage-and-hour-injury-lawyer/). Suppose we [negotiate](https://attorneybrianwhite.com/blog/negotiation-in-personal-injury-cases/) a settlement with the at-fault driver’s car insurance company. After offers and counteroffers, you agree to accept $120,000 to settle your claim. For a legal consultation call [(713) 500-5000](tel:+17135005000) ## How Proportionate Fault Works in Texas The at-fault driver caused the accident by running a red light. Because you were distracted by your GPS app, you were unable to avoid the collision. The other driver was 90% at fault, and you were 10% responsible. [Texas has a proportionate responsibility statute](https://statutes.capitol.texas.gov/docs/cp/htm/cp.33.htm). This law reduces the amount of a [settlement or verdict to account for a injury](https://attorneybrianwhite.com/blog/personal-injury-settlements-myths-vs-reality/) victim’s own negligence. Also, a person who is more than 50% at fault can not recover any compensation from the other party. The proportionate responsibility [statute in Texas](https://attorneybrianwhite.com/blog/texas-statutes-of-limitations/) will reduce your $120,000 settlement by 10%, in other words, $12,000. After this reduction, the subtotal will be $108,000. Even if the other driver got injured, he would not be able to recover any money damages from you because he was more than 50% at fault. ## Medical Expenses and Liens Next, the [medical bills](https://attorneybrianwhite.com/blog/how-to-handle-your-medical-bills-after-a-car-accident/) get paid out of the subtotal of $108,000. After paying the $20,000 in medical bills, there will be $88,000 remaining.  [Click to contact](/contact-us/) us today ## Case Costs Case costs, also called claim costs or litigation costs, are the [out-of-pocket expenses](https://attorneybrianwhite.com/blog/out-of-pocket-expenses/) of pursuing the claim with the insurance company or filing and handling the lawsuit. The personal injury lawyer often pays these out-of-pocket costs during the case and waits until the settlement or jury award to get reimbursed for them. In this scenario, the attorney paid $100 out of pocket to obtain the medical records the insurance company required during negotiations. The lawyer will get reimbursed for that expense out of the settlement proceeds. In a lawsuit, costs can include things like the court filing fee, additional court costs, [deposition](https://attorneybrianwhite.com/resources/deposition-in-personal-injury-case/) expenses, [expert witnesses](https://attorneybrianwhite.com/resources/expert-witnesses-in-personal-injury-cases/), and other things. Complete a [Case Evaluation Form](/contact-us/) Now ## Contingency Fees Typically, personal injury lawyers [handle cases](https://attorneybrianwhite.com/faqs/what-types-of-cases-do-personal-injury-lawyers-handle/) on a contingency fee basis. You do not have to pay any upfront legal fees with the [contingency fee](https://attorneybrianwhite.com/resources/contingency-fee/) arrangement. The attorney waits until the end of the matter and then gets paid a percentage of the settlement proceeds or jury award. Then, you might be wondering [how much does it cost to hire an attorney](https://attorneybrianwhite.com/faqs/what-does-it-cost-to-hire-a-personal-injury-lawyer/)? In essence, the lawyer bets his paycheck that your case will be successful. The attorney only gets paid when you win. The[lawyer and client agree early on in the case about the specific percentages of attorney fees](https://www.americanbar.org/groups/legal_services/milvets/aba_home_front/information_center/working_with_lawyer/fees_and_expenses/). For purposes of this basic personal injury settlement breakdown, let’s assume that your contingency fee agreement provided a 33% attorney fee if the case is settled without the need for filing a lawsuit. The attorney fee will be $35,640. That amount represents 33% of $108,000. ## The Bottom Line: How Much of the Settlement You Receive Let’s recap what happens to the settlement proceeds. You had a claim value of $120,000. This amount got reduced by $12,000 to account for your 10% proportionate responsibility of fault, leaving an actual settlement of $108,000.  You had these deductions from the settlement amount: - Medical bills – $20,000 - Case costs – $100 - Attorney fees – $35,640 After these deductions, you will receive $52,260. With your medical bills all paid, that amount will truly be in your pocket. ## Contact the Houston Personal Injury Lawyers at Attorney Brian White Personal Injury Lawyers For Help Our offices Houston — Greenway/Upper Kirby 3120 Southwest Freeway, Suite 350 Houston, TX 77098 Open 24 hours daily Call [(713) 364-1466](tel:+17133641466) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%203120%20Southwest%20Freeway%2C%20Suite%20350%2C%20Houston%2C%20TX%2077098) Houston — East Freeway 11811 East Freeway, Suite 630-06 Houston, TX 77029 Open 24 hours daily Call [(713) 609-1893](tel:+17136091893) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011811%20East%20Freeway%2C%20Suite%20630-06%2C%20Houston%2C%20TX%2077029) Houston — South Loop 2600 South Loop West, Suite 293 Houston, TX 77054 Open 24 hours daily Call [(713) 281-4904](tel:+17132814904) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%202600%20South%20Loop%20West%2C%20Suite%20293%2C%20Houston%2C%20TX%2077054) Houston — Katy Freeway 11511 Katy Fwy, Suite 515 Houston, TX 77079 Open 24 hours daily Call [(713) 909-7537](tel:+17139097537) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011511%20Katy%20Fwy%2C%20Suite%20515%2C%20Houston%2C%20TX%2077079) Houston — Clear Lake 1300 Bay Area Blvd, Suite B268 Houston, TX 77058 By appointment only Call [(936) 508-2854](tel:+19365082854) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201300%20Bay%20Area%20Blvd%2C%20Suite%20B268%2C%20Houston%2C%20TX%2077058) The Woodlands 1776 Woodstead Ct, Ste. 203 The Woodlands, TX 77380 By appointment only Call [(281) 843-9777](tel:+12818439777) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201776%20Woodstead%20Ct%2C%20Ste.%20203%2C%20The%20Woodlands%2C%20TX%2077380) Champion Forest (Cypress) 4606 FM 1960 Rd W, Ste. 444 Houston, TX 77069 By appointment only Call [(281) 843-9777](tel:+12818439777) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%204606%20FM%201960%20Rd%20W%2C%20Ste.%20444%2C%20Houston%2C%20TX%2077069) --- ### About the Author Brian White ![About the Author Brian White](https://attorneybrianwhite.com/wp-content/uploads/2024/12/brian-white-houston-personal-injury-lawyer-300x300.jpg) [Brian White](https://attorneybrianwhite.com/about/our-attorneys/brian-white/) earned his J.D. from South Texas College of Law in Houston and is licensed to practice in Texas. He is a [Board-Certified](https://attorneybrianwhite.com/resources/brian-white-is-board-certified-in-personal-injury-trial-law/) Personal Injury Trial Lawyer. Dedicated to giving back, he actively supports local charities and [community initiatives](https://attorneybrianwhite.com/about/community-involvement/). [Client testimonials](https://attorneybrianwhite.com/about/testimonials/) highlight Brian’s compassion, open communication, and dedication to achieving the best outcomes for those he represents. 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Motorcycles require skill and balance to ride. If something [![Houston Texas Lawyer](https://attorneybrianwhite.com/wp-content/uploads/2021/02/iStock-1033598734-300x200.jpg)](https://attorneybrianwhite.com/blog/how-to-write-a-settlement-demand-letter/) [How to Write a Settlement Demand Letter](https://attorneybrianwhite.com/blog/how-to-write-a-settlement-demand-letter/) Settlement demand letters are used in most personal injury cases to begin settlement negotiations. These letters are [![Texas Marijuana Laws – What You Need to Know](https://attorneybrianwhite.com/wp-content/uploads/2024/01/Texas-Marijuana-Laws-What-You-Need-to-Know-300x169.jpg)](https://attorneybrianwhite.com/blog/texas-marijuana-laws-what-you-need-to-know/) [Texas Marijuana Laws: What You Need to Know](https://attorneybrianwhite.com/blog/texas-marijuana-laws-what-you-need-to-know/) Over the past few years, there's been a notable shift in how the U.S. views marijuana. States like California and New [![Understanding the Burden of Proof in Personal Injury Cases](https://attorneybrianwhite.com/wp-content/themes/brian-white/assets/app/img/default-thumb.webp)](https://attorneybrianwhite.com/blog/understanding-the-burden-of-proof-in-personal-injury-cases/) [Understanding the Burden of Proof in Personal Injury Cases](https://attorneybrianwhite.com/blog/understanding-the-burden-of-proof-in-personal-injury-cases/) Have you ever seen a dramatic television courtroom scene where one attorney uses the phrase “beyond a --- Source: https://attorneybrianwhite.com/blog/basic-personal-injury-settlement-breakdown/