What was broadly worded as tort reform was really medical malpractice reform, and it was primarily a windfall for insurance companies. This case will probably settle for somewhere in the low to mid 5 figures, but we'll never know for sure. The one thing we don't know for sure is the medical expenses -- insurance companies get nervous when there is a high amount of verifiable damages regardless of the possibility of liability. Its sort of like an equation: liability * damages = judgment. If either is zero, no judgment. In Texas and many other states, if liability is less than 50% (i.e. Plaintiff is partially responsible), the Plaintiff can't recover anything. Here, liability is 100% (in my opinion) and damages are, at most, 10K.