Arlington Guide to Texas Personal Injury Law & Rights

12 min read

Introduction: Why Knowing Your Rights in Arlington Matters

Whether you were rear-ended on TX-360, slipped in a Lincoln Square store, or suffered a workplace injury at the General Motors plant, understanding Texas personal injury law Arlington is critical to preserving your health, finances, and future. According to the Texas Department of Transportation, Arlington recorded more than 5,600 reportable crashes in 2022—31 of which were fatal. Add in hundreds of premises liability incidents and product-related injuries, and it becomes clear why local residents need sound legal guidance.

Texas law generally allows injured people to seek compensation for medical bills, lost wages, pain and suffering, and other losses when someone else’s negligence caused the harm. But strict filing deadlines, comparative fault rules, and insurance tactics can reduce or bar your claim if you misstep. This guide—written from a claimant-friendly perspective—covers:

• Key provisions of the Texas Civil Practice and Remedies Code (TCPRC).

• How modified comparative negligence affects your recovery.

• Actionable steps after auto, slip-and-fall, workplace, defective product, and wrongful death incidents.

• Local resources in Arlington, Texas, that support accident victims.

Legal Disclaimer: The following information is for general educational purposes only and does not create an attorney-client relationship. Always consult a licensed Texas personal injury lawyer about your specific facts.

Understanding Texas Personal Injury Law

1. Statute of Limitations—The Two-Year Countdown

Section 16.003 of the Texas Civil Practice and Remedies Code gives injury victims two years from the date of injury—or the date the injury should reasonably have been discovered—to file most personal injury lawsuits. Miss the deadline, and courts will almost certainly dismiss your case, no matter how severe your injuries. Exceptions include:

• Minor Plaintiffs: The clock typically begins on their 18th birthday.

• Government Defendants: Strict notice requirements under the Texas Tort Claims Act often shorten the time to weeks.

• Asbestos or Silica Exposure: Special discovery rules apply.

2. Negligence & the 51% Bar Rule

Texas follows a modified comparative negligence system (TCPRC §§33.001–33.017). If a jury finds you:

• 0–50% at fault: Your damages are reduced by your percentage of fault.

• 51% or more at fault: You recover nothing.

Insurance adjusters use these rules aggressively, so precise evidence—photos, witness statements, medical records—is vital.

3. Elements of a Texas Negligence Claim

• Duty: The defendant owed you a legal duty (e.g., drivers must follow traffic laws; property owners must fix hazards).

• Breach: They failed to meet that duty.

• Causation: The breach caused your injury (both cause-in-fact and proximate cause).

• Damages: You incurred actual losses such as medical bills or pain and suffering.

Common Types of Personal Injury Cases in Texas

1. Motor Vehicle Accidents

From I-20 pileups to neighborhood fender-benders, auto accidents are Arlington’s most frequent injury source. Key legal standards:

• Negligence per se: Violating a traffic statute (speeding, texting while driving) automatically establishes breach of duty.

• Vicarious Liability: Employers may be liable for on-the-job crashes (respondeat superior).

Important evidence includes crash reports, dash-cam footage, and vehicle event data recorders. Texas also permits recovery for diminished vehicle value.

2. Slip-and-Fall / Premises Liability

Stores, apartment complexes, and entertainment venues such as AT&T Stadium must warn of—or fix—known dangers. Under Corbin v. Safeway Stores, Inc., Texas courts require injured invitees to prove the owner:

• Created the hazard;

• Knew or should have known of it; and

• Failed to take reasonable steps to correct it.

Prompt incident reports and photographs can make or break these claims.

3. Workplace Injuries

Texas is unique: employers may opt out of the state workers’ compensation system. If your company is a nonsubscriber, you can sue directly and recover full tort damages. If your employer does carry workers’ compensation, you generally cannot sue them but may have third-party claims (e.g., defective machinery). The Texas Department of Insurance, Division of Workers’ Compensation regulates the process.

4. Defective Products

Manufacturers, distributors, and retailers are strictly liable when a defect in design, manufacture, or warnings makes a product unreasonably dangerous. The landmark case General Motors Corp. v. Sanchez reaffirmed that misuse must be sole cause for a defendant to escape liability.

5. Wrongful Death

When negligence results in death, TCPRC §71.004 allows spouses, children, and parents to sue for pecuniary losses, mental anguish, and loss of companionship. The estate may also bring a survival action for damages the decedent could have claimed if alive.

Texas Legal Protections & Recent Court Developments

1. Damage Caps

• Medical Malpractice: Non-economic damages capped at $250,000 per physician and $250,000 per institution, not to exceed $500,000 total (TCPRC §74.301).

• Punitive (Exemplary) Damages: Greater of $200,000 or 2× economic damages + up to $750,000 non-economic (TCPRC §41.008).

• Government Liability: Damages limited to $250,000 per person and $500,000 per occurrence for bodily injury; $100,000 for property damage.

2. Recent Cases Impacting Claimants

• In re Allstate Indemnity Co. (Tex. 2021) clarified that Texas courts may dismiss cases for forum non conveniens only after explicit balancing of private and public factors, benefiting residents injured in-state.

• Cameron International v. Martinez (Tex. 2022) reaffirmed broad discovery rights for plaintiffs seeking electronic data from defendants.

3. Insurance Bad-Faith Protections

Chapter 541 of the Texas Insurance Code allows policyholders to recover treble damages when carriers unreasonably deny or delay claims. Document all insurer interactions—record dates, names, and request copies of claim notes.

4. Attorney Licensing & Contingency Fees

Texas attorneys must be licensed by the State Bar of Texas and follow Texas Disciplinary Rules of Professional Conduct. Most Arlington accident attorneys, including Louis Law Group, offer contingency-fee agreements—no fee unless you recover.

Practical Steps to Take After an Arlington Injury

• Get Immediate Medical Care Visit an ER (Texas Health Arlington Memorial) or urgent-care clinic even if injuries seem minor. Medical records establish causation and serve as contemporaneous evidence.

• Report the Incident Motor vehicle crash? Call 9-1-1 and obtain CR-3 police report. Store injury? Notify the manager in writing and request a copy of the incident report.

Preserve Evidence

• Photograph the scene, hazards, and injuries from multiple angles.

• Collect contact info for witnesses.

• Save damaged clothing, products, or equipment.

• Track Expenses & Symptoms Keep a journal of pain levels, missed workdays, and out-of-pocket costs (prescriptions, mileage to appointments). This supports non-economic and economic damages.

• Notify Insurance—but Beware Recorded Statements You must inform your auto or homeowners insurer promptly to preserve coverage. However, decline recorded statements until you speak with counsel. Adjusters may use your words to assign fault.

Tip: Never post accident details or photos on social media—defense counsel can subpoena your accounts.

When to Seek Legal Help in Texas

You are not legally required to hire an attorney, but studies show claimants represented by counsel often recover 3× more than unrepresented parties. Consider hiring an Arlington accident attorney when:

• Injuries are serious or permanent (fractures, surgeries, brain injuries).

• Fault is disputed or multiple parties are involved.

• An insurer denies, delays, or lowballs your claim.

• You face Medicare, Medicaid, ERISA, or hospital liens on settlement funds.

How Louis Law Group Can Help

• Free consultations—call 833-657-4812.

• Investigation teams that secure surveillance footage before it is erased.

• Network of Arlington orthopedic, neurological, and economic experts.

• Negotiation and, if needed, trial representation in Tarrant County civil courts.

Local Resources & Next Steps

Texas Department of Insurance – verify insurer licenses and file bad-faith complaints. Official Texas Courts Portal – e-file documents and review case dockets. State Bar of Texas Lawyer Referral – check attorney discipline histories.

• Tarrant County Courthouse – 100 N. Calhoun St., Fort Worth (handles most Arlington civil cases).

• Legal Aid of Northwest Texas – offers limited free services for qualifying low-income residents.

After gathering medical records and incident evidence, schedule a case assessment. The sooner you act, the more leverage you retain over insurers and at-fault parties.

Ready to Protect Your Rights?

If you—or someone you love—suffered an injury in Arlington, swift action is your best weapon. Evidence fades, witnesses relocate, and the two-year statute of limitations can expire faster than you think. Let an experienced personal injury lawyer Texas fight for the compensation you deserve.

Call Louis Law Group at 833-657-4812 for a free, no-obligation case evaluation today. There are no fees unless we win.

Disclaimer: Past results do not guarantee future outcomes. Louis Law Group practices throughout Texas and maintains its principal office in Houston.