Sexual Assault Settlements in Texas: How Damages Are Calculated

After a sexual assault, questions about money can feel uncomfortable or even beside the point. But for many survivors, understanding how sexual assault settlements in Texas are calculated is an important part of deciding whether to move forward with a civil case. Compensation can pay for years of therapy, replace lost income, and hold both the abuser and any institution that enabled the abuse financially accountable.

This guide explains the types of damages available in a Texas sexual assault lawsuit, how each one is calculated, what can raise or lower the value of a case, and what survivors actually take home once a settlement is reached.

What Is a Sexual Assault Settlement?

A sexual assault settlement is an agreement in a civil lawsuit where the responsible party agrees to pay the survivor a sum of money, usually in exchange for ending the case. Civil cases are separate from criminal prosecution. A survivor can pursue a civil claim even if no criminal charges were filed, the accused was acquitted, or the police never made an arrest.

Most civil sexual assault cases in Texas resolve through a settlement rather than a jury verdict. Even so, settlement values are built on the same foundation a jury would use: the damages Texas law allows a survivor to recover. For an overview of how these cases begin, see our guide on how to file a civil sexual assault lawsuit in Texas.

The Three Types of Damages in a Texas Sexual Assault Case

Texas law generally groups damages into three categories. Each one is calculated differently, and together they form the basis of any settlement negotiation.

1. Economic Damages

Economic damages cover financial losses that can be measured with receipts, bills, pay stubs, and expert projections. In a sexual assault case, these often include:

Past and future medical expenses, including emergency care, forensic exams, and treatment for physical injuries
Therapy and counseling costs, which are often the largest economic loss in these cases because treatment for trauma can last for years
Lost wages for time missed from work
Loss of earning capacity if the trauma affects your ability to work or advance in your career
Relocation or security costs, such as moving out of an apartment where the assault occurred

Past economic damages are calculated by adding up documented expenses. Future damages are estimated using treatment plans from your providers and, in more serious cases, testimony from economists or vocational experts.

2. Non-Economic Damages

Non-economic damages compensate for harm that does not come with a price tag. Under Texas law, these can include:

Physical pain and suffering
Mental anguish and emotional distress
Physical impairment
Loss of enjoyment of life
Damage to personal relationships

For survivors of sexual assault, non-economic damages are often the most significant part of a case. Conditions like PTSD, anxiety, depression, sleep disruption, and difficulty trusting others can affect nearly every part of daily life.

There is no fixed formula a Texas jury must use for these damages. Jurors are asked to decide what amount would fairly compensate the survivor based on the evidence. During settlement negotiations, attorneys and insurance companies sometimes use informal methods as a starting point, such as a multiplier (multiplying economic damages by a number that reflects the severity of the harm) or a per diem approach (assigning a daily value to the suffering over a period of time). These are negotiating tools, not legal rules, and a strong case built on detailed testimony and treatment records will often be valued well beyond what a simple formula suggests.

3. Exemplary (Punitive) Damages

Exemplary damages, often called punitive damages, are not meant to compensate the survivor. They are meant to punish especially harmful conduct and discourage it in the future. Under Chapter 41 of the Texas Civil Practice and Remedies Code, a survivor must prove by clear and convincing evidence that the harm resulted from fraud, malice, or gross negligence, and the jury’s decision on punitive damages must be unanimous.

Texas normally caps punitive damages at the greater of $200,000 or two times economic damages plus up to $750,000 of non-economic damages. However, the cap does not apply when the claim is based on certain felonies committed knowingly or intentionally, and sexual assault and aggravated sexual assault are on that list. This means a survivor suing the person who committed the assault may be able to seek punitive damages without the usual limit.

Claims against institutions, such as a church, apartment complex, or employer, work differently. To recover punitive damages from an organization, a survivor generally has to show the institution itself acted with gross negligence, for example by ignoring prior complaints or knowingly keeping a dangerous person in a position of trust.

Damages at a Glance

Damage Type	What It Covers	How It Is Proven	Capped in Texas?
Economic	Medical bills, therapy, lost wages, lost earning capacity	Bills, records, pay stubs, expert projections	No
Non-Economic	Pain, mental anguish, emotional distress, loss of enjoyment of life	Survivor testimony, therapist and medical records, testimony from family and friends	Generally no (limited exceptions, such as certain claims against health care providers)
Exemplary (Punitive)	Punishment for malicious or grossly negligent conduct	Clear and convincing evidence; unanimous jury	Usually capped, but the cap does not apply to intentional sexual assault

A Simplified Example of How Damages Add Up

To show how these categories work together, here is a hypothetical example. The numbers are for illustration only and do not predict the outcome of any real case.

Imagine a survivor who was assaulted at an apartment complex with broken gates and a history of security complaints. Her documented losses include:

$12,000 in medical expenses
$45,000 in past and projected therapy costs
$38,000 in lost wages after she was unable to work for several months

Her economic damages total $95,000. A jury might then award non-economic damages for her mental anguish and emotional distress, and, if the evidence showed the property owner ignored repeated warnings, punitive damages as well.

If the punitive damages cap applied to the property owner, the maximum punitive award would be calculated like this: two times economic damages ($190,000) plus non-economic damages up to $750,000. If the jury awarded $400,000 in non-economic damages, the cap would be $590,000, since that is greater than $200,000. In a claim against the individual attacker based on intentional sexual assault, the cap would not apply at all.

In practice, both sides use this kind of analysis to estimate what a jury might award, and that estimate drives settlement negotiations. For more on property-based claims, see our article on suing an apartment complex for sexual assault in Texas.

Factors That Can Increase or Decrease the Value of a Case

No two sexual assault cases are the same. Some of the most important factors that affect settlement value include:

Severity and duration of the abuse. Repeated abuse over time, or assaults involving violence or threats, typically lead to higher damages.
Age of the survivor. Abuse of a child often results in larger awards because of its long-term impact on development, relationships, and mental health.
Strength of the evidence. Medical records, therapy notes, messages, witness statements, and prior complaints all make a case stronger. Our article on what evidence you need to win a sexual assault lawsuit in Texas covers this in detail.
Documented treatment. Consistent therapy or counseling creates a clear record of how the assault has affected your life.
Institutional knowledge. If an organization knew or should have known about the risk and failed to act, the case against that organization becomes much stronger.
Who the defendants are. Cases against institutions with insurance coverage or significant assets often have higher settlement values than cases against an individual alone.
Venue. Juries in different Texas counties can view damages differently, and experienced attorneys factor this into their valuation.

Who Pays a Sexual Assault Settlement?

A judgment is only as valuable as the defendant’s ability to pay it. Many individual abusers have limited assets, which is why identifying every responsible party matters so much.

Depending on the facts, liable parties may include employers, churches and religious organizations, schools, hotels, apartment complexes, bars, and security companies. These organizations often carry liability insurance, and the insurer usually funds the settlement. Claims against property owners that failed to provide reasonable security are often handled as negligent security cases.

If your case involves a religious institution, our articles on who can be held liable in a church sexual assault case and the average payout for a church sexual abuse lawsuit in Texas explain how these claims are valued.

What You Actually Take Home: Fees, Liens, and Taxes

The settlement amount and the amount a survivor receives are not the same. Understanding the difference ahead of time helps avoid surprises.

Attorney’s Fees and Case Costs

Most sexual assault attorneys work on a contingency fee, which means you pay nothing up front and the attorney is paid a percentage of the recovery only if the case is successful. Case costs, such as filing fees, expert witnesses, and deposition transcripts, are typically reimbursed from the settlement as well. Learn more in our article on whether it costs money to hire a civil rights attorney.

Medical Liens and Crime Victims’ Compensation

If health insurance, Medicaid, or Medicare paid for your treatment, they may have a right to be reimbursed from your settlement. The same is true for the Texas Crime Victims’ Compensation Program, which can help survivors with medical, counseling, and lost wage expenses. If the program paid some of your costs and you later recover money in a civil case, you may be required to repay the program for those same expenses. Your attorney can often negotiate these amounts down.

Taxes on a Sexual Assault Settlement

Under federal tax law, compensatory damages received on account of personal physical injuries or physical sickness are generally not taxable. Damages for emotional distress that are not tied to a physical injury, and punitive damages, may be taxable. How a settlement is structured and described can affect its tax treatment, so it is worth speaking with a tax professional before finalizing an agreement. The IRS explains these rules in Publication 4345.

How Long Do You Have to Seek Compensation?

Texas gives survivors of sexual assault more time to file than most injury victims. Under Section 16.0045 of the Texas Civil Practice and Remedies Code, adult survivors generally have five years to file a civil lawsuit, and many claims involving child sexual abuse can be brought up to 30 years after the survivor turns 18. These rules have changed over time and are not always retroactive, so the deadline in your case may depend on when the abuse occurred.

For a full breakdown, see our article on the statute of limitations for sexual assault in Texas.

How Settlements Are Negotiated

Settlement negotiations usually begin once your attorney has gathered enough evidence to understand the full value of your claim. A typical path looks like this:

Your attorney documents your damages and sends a demand to the defendants or their insurers.
The defense responds with a counteroffer or requests more information.
If the case does not settle early, it moves through discovery, where both sides exchange evidence.
Many cases resolve at mediation, a confidential meeting where a neutral mediator helps both sides reach an agreement.
If no agreement is reached, the case proceeds toward trial, though settlements can still happen at any point.

Survivors can often request that settlement terms remain confidential, which can protect their privacy. For a closer look at each stage, read our companion guide on the steps of a civil rights lawsuit in Texas.

Frequently Asked Questions About Sexual Assault Settlements in Texas

Is there an average settlement for a sexual assault case in Texas?

There is no reliable average, because settlements range widely based on the severity of the harm, the evidence, and who the defendants are. Cases against individuals with no insurance may resolve for modest amounts, while cases involving institutions that ignored warning signs can result in settlements or verdicts in the millions. An attorney can give you a realistic range after reviewing your specific facts.

Do I need a criminal conviction to receive a settlement?

No. A civil case uses a lower standard of proof than a criminal case. You only need to show that your claims are more likely true than not. A criminal conviction can strengthen a civil case, but it is not required.

What if the person who assaulted me has no money?

You may still have options. If an employer, property owner, church, school, or other organization failed to protect you, that organization and its insurer may be responsible for paying damages.

Will I have to testify in court?

Not necessarily. Most civil sexual assault cases settle before trial. You may need to give a deposition, which is sworn testimony taken in a private setting with attorneys present. Your attorney will prepare you and can request protections for your privacy throughout the process.

How long does it take to receive a settlement?

Some cases settle within months, while cases involving institutions, multiple defendants, or disputed facts can take a year or longer. Once a settlement is signed, funds are typically disbursed after liens and case costs are resolved.

Contact Elmazi Law for a Free, Confidential Consultation

If you or someone you love has experienced sexual assault in Texas, you may be entitled to significant compensation for what you have been through. At the Law Office of Blerim Elmazi, we represent survivors across Dallas, Fort Worth, and throughout Texas, and we handle every case with compassion and discretion. Learn more about our sexual abuse and sexual assault practice or schedule a free, confidential consultation today.

If you need immediate support, RAINN offers a free, confidential 24/7 hotline for survivors of sexual violence.

Disclaimer: This article is for general informational purposes only and does not constitute legal or tax advice. Every case is different, and past results do not guarantee future outcomes. Reading this article does not create an attorney-client relationship. Please contact an attorney to discuss the specific facts of your situation.