Why the first number is rarely the real number
Insurance adjusters routinely open negotiations with a conservative figure, expecting a counteroffer. Accepting that first offer typically closes the claim permanently — there's generally no going back to ask for more later, even if additional injuries or costs surface afterward.
Proportionate responsibility: each defendant pays their own share
Texas uses proportionate responsibility rather than joint and several liability in most cases. Under Chapter 33 of the Civil Practice & Remedies Code, each defendant is generally liable only for their own percentage of fault, rather than being on the hook for the full judgment regardless of their individual share.
Why this matters at the negotiating table
In a claim involving more than one at-fault party, this structure means collecting the full value of the claim may require pursuing recovery from each defendant separately, rather than relying on a single well-insured defendant to cover the whole amount. A settlement offer from just one defendant's insurer should be weighed with that in mind — it may represent only that defendant's proportional share, not the full value of the claim.
Exceptions exist to proportionate-only liability
Texas law includes specific exceptions where a defendant can end up responsible for more than their own percentage — tied to fault thresholds or particular categories of conduct under the statute. Whether an exception applies in a specific multi-defendant case is worth confirming, since it can meaningfully change which defendant's insurer is actually worth negotiating hardest with.
The baseline still applies
None of this changes the ordinary approach to a first offer: compare it against a complete, well-documented account of your actual damages before deciding whether to accept or counter, since the decision is generally final once made.