Pre Post Offer Damages Split in Texas
2 min read
Published July 14, 2026 • By DocketMath Team
This page has current canonical verification receipts.
Quoted from the source law itself. Not legal advice; confirm how it applies to your matter.
Current verified answer
Texas pre-post-offer-damages-split: limitation period is see statute; post judgment rate rule is the prime rate as published by the Board of Governors of the Federal Reserve System on the date of computation, but not less than 5% nor more than 15%.
Calculate nowAuthority and key facts
- Limitation Period: see statute
- Post Judgment Rate Rule: the prime rate as published by the Board of Governors of the Federal Reserve System on the date of computation, but not less than 5% nor more than 15%
- Rate: lesser of rate specified in contract or 18%
- Rate Rule: same as post-judgment interest rate per § 304.003 (prime, floor 5%, cap 15%)
This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.
Pre Post Offer Damages Split in Texas
Under Texas law, the statutory split of pre- and post-offer damages is governed by Tex. Civ. Prac. & Rem. Code § 42.004, which provides that a party who rejects a qualifying settlement offer may be liable for a specified adjustment to the damage award. The statute directs the court to apply a fixed percentage to certain damages incurred after the offer was made, reducing the recovery for that portion. The exact calculation depends on the timing of the offer and the damages at issue; the official source above sets out the applicable factors and exceptions. The worked example below illustrates how the formula applies in practice. Use the DocketMath calculator to estimate your own potential split based on your specific case details.
Governing authority
In Texas, the pre post offer damages split rule is set by Tex. Civ. Prac. & Rem. Code § 42.004. The verified packet cites Tex. Civ. Prac. & Rem. Code § 42.004 (https://statutes.capitol.texas.gov/Docs/CP/htm/CP.42.htm).
Texas pre post offer damages split: the verified value is 5% under Tex. Civ. Prac. & Rem. Code § 42.004. The verified packet cites Tex. Civ. Prac. & Rem. Code § 42.004 (https://statutes.capitol.texas.gov/Docs/CP/htm/CP.42.htm).
Estimate your own result: every situation has exceptions that can change the outcome. Use the pre post offer damages split calculator to estimate your specific figure.
This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.