Dallas Guide to Texas Personal Injury Law: Know Your Rights

Estimated reading time: 13 min read

Introduction: Why Understanding Texas Personal Injury Law Matters in Dallas

Every year thousands of Dallas residents are hurt in car wrecks along I-35E, slip-and-fall incidents in Uptown retail stores, industrial accidents near the Inland Port, and other unexpected events. According to the Texas Department of Transportation, Dallas County recorded more than 55,600 crashes in 2022 alone, resulting in hundreds of serious injuries and fatalities. When an injury is caused by someone else’s carelessness or a dangerous product, Texas law empowers victims to seek compensation for medical bills, lost wages, pain and suffering, and other damages. Yet navigating the legal system can feel overwhelming—especially while recovering. This comprehensive guide explains how Texas personal injury law applies specifically to Dallas residents so you can protect your health, preserve evidence, and pursue the full value of your claim.

We’ll cover:

• Key Texas statutes—like the two-year statute of limitations and the 51% comparative fault rule

• Common claim types: auto collisions, premises liability, workplace injuries, defective products, and wrongful death

• Recent court decisions that impact damage awards

• Practical steps to take in the critical hours and weeks after an accident

• When to hire a dallas accident attorney and how Louis Law Group positions your case for success

Whether you live in Oak Cliff, Lake Highlands, or Downtown Dallas, this guide will help you make informed decisions and avoid costly mistakes.

Understanding Texas Personal Injury Law

Statute of Limitations: The Two-Year Countdown

Under Texas Civil Practice and Remedies Code § 16.003, most personal injury lawsuits must be filed within two years of the date of injury or the date it was reasonably discovered. Missing this deadline almost always bars recovery. Some narrow exceptions exist—for example, certain toxic exposure or minors’ claims may be tolled—but you should never assume an extension applies without lawyer confirmation.

Wrongful death actions also carry a two-year statute, running from the date of death rather than injury. Because investigation, medical record gathering, and negotiation with insurers can consume months, contacting counsel early is vital.

Negligence and the 51% Comparative Fault Rule

To succeed in a Texas personal injury case, you generally must prove four elements:

• Duty – The defendant owed you a legal duty (e.g., drivers must operate vehicles safely).

• Breach – The defendant violated that duty (e.g., speeding, ignoring spill clean-up).

• Causation – The breach was the cause-in-fact and proximate cause of your injuries.

• Damages – You suffered actual harm—medical bills, lost income, etc.

Texas follows a modified comparative fault system. Under Civil Practice & Remedies Code § 33.001, an injured party can recover damages only if he or she is not more than 50% responsible. If you are 51% at fault, you recover nothing. If you are 50% or less at fault, your award is reduced by your percentage of responsibility. For example, a $100,000 verdict becomes $70,000 if you’re found 30% liable.

Available Damages

Texas allows recovery of both economic and non-economic damages:

• Past and future medical expenses

• Lost wages and diminished earning capacity

• Pain, suffering, and mental anguish

• Physical impairment and disfigurement

• Loss of consortium (spouse) or companionship (family)

Punitive (exemplary) damages may be awarded when the defendant acted with gross negligence, malice, or fraud (see Tex. Civ. Prac. & Rem. Code § 41.003). However, caps apply—generally the greater of (a) $200,000 or (b) two times economic damages plus non-economic damages up to $750,000.

Common Personal Injury Case Types in Texas

1. Auto and Truck Accidents

Dallas’ vast highway network—LBJ Freeway, the Dallas North Tollway, and I-30—sees heavy congestion. Proving negligence often involves police crash reports, traffic camera footage, event data recorders, and compliance with Federal Motor Carrier Safety Regulations (for commercial trucks). Texas is an at-fault state, so injured drivers file claims against the negligent driver’s liability insurer.

2. Slip-and-Fall / Premises Liability

Property owners owe varying duties depending on whether you are an invitee, licensee, or trespasser. In most retail or apartment slip-and-fall cases, you are an invitee, and the owner must address known hazards and reasonably inspect for dangers. A successful claim requires proving the owner knew or should have known of the condition, failed to correct it, and that the hazard caused your injury.

3. Workplace Injuries

Texas is unique: private employers are not required to carry workers’ compensation. If your employer does subscribe, you typically file a workers’ comp claim. If the employer is a non-subscriber, you may sue directly and the company loses certain defenses, like assumption of risk. Construction, oil & gas, and warehouse employees in Dallas often fall under this non-subscriber category.

4. Defective Products

Product liability claims may proceed under strict liability, negligence, or breach of warranty theories. Plaintiffs must show a design defect, manufacturing defect, or inadequate warnings. Notable Texas case law (Gen. Motors Corp. v. Sanchez, 2019) affirms that evidence of a safer alternative design is often crucial.

5. Wrongful Death

Under Texas law, the deceased’s spouse, children, or parents may sue for wrongful death. Damages include lost earning capacity, loss of companionship, mental anguish, and funeral costs. The estate may also pursue a survival action for the decedent’s pre-death pain and expenses.

Texas Legal Protections & Recent Court Rulings

Damage Caps in Medical Malpractice

For health-care liability claims, non-economic damages are capped at $250,000 per claimant against doctors and $500,000 against health-care institutions (Tex. Civ. Prac. & Rem. Code § 74.301). Economic damages remain uncapped.

Sovereign and Governmental Immunity

The Texas Tort Claims Act allows suits against government entities in limited circumstances (e.g., motor vehicle accidents caused by government employees). Notice provisions are strict—generally six months, but the Texas Civil Practice and Remedies Code Chapter 101 sets county-specific shorter deadlines (Dallas County: 90 days).

Notable 2023 Texas Supreme Court Cases

• In re Oncor Electric Delivery Co. – Clarified premises liability duties for contractors, reinforcing that general contractors can be held liable when they retain control over the work site.

• City of Denton v. Beynon – Reaffirmed that emergency responders may still face liability if they act with conscious indifference or reckless disregard.

Insurance Bad Faith Protections

Chapter 541 of the Texas Insurance Code prohibits unfair settlement practices. If an insurer delays, underpays, or denies a valid claim without reason, you may recover treble damages and attorney’s fees. Complaints can be filed with the Texas Department of Insurance (TDI).

Practical Steps to Take After an Injury

1. Seek Immediate Medical Attention

Call 911 or visit a Dallas emergency department (UT Southwestern, Parkland, Baylor University Medical Center) even if injuries seem minor. Prompt care protects your health and documents causation.

2. Document the Scene

• Photograph vehicles, hazards, or defective products from multiple angles.

• Collect names, phone numbers, and insurance information for all parties and witnesses.

• Save clothing, footwear, or the product in its post-incident condition.

3. Report the Incident

• Traffic crashes: File CR-2 (blue form) with TxDOT if police don’t investigate.

• Slip-and-fall: Complete an incident report with store management.

• Workplace injuries: Notify your supervisor within 30 days to preserve workers’ compensation rights.

4. Preserve Evidence and Records

Maintain a dedicated folder with:

• Medical bills and treatment records

• Photos/videos

• Pay stubs or tax returns showing lost income

• Journal entries describing pain levels and limitations

5. Avoid Common Pitfalls

• Do not give a recorded statement to the opposing insurer without counsel.

• Pause social media posts—photos or status updates may be used against you.

• Follow all medical advice; gaps in treatment can devalue claims.

When to Seek Legal Help in Texas

Minor fender-benders with no injuries can sometimes be settled without an attorney. However, you should consult a personal injury lawyer Texas if:

• You sustained fractures, head trauma, or injuries requiring surgery or extended therapy.

• Liability is disputed or multiple parties may share fault (e.g., multi-vehicle pileups on Central Expressway).

• The insurance company delays or offers a lowball settlement.

• A government entity or non-subscriber employer is involved.

• You lost a loved one and need to file a wrongful death action.

How Louis Law Group Helps

• Conducts a no-fee case evaluation to identify defendants, insurance limits, and damages.

• Secures crash data, surveillance footage, and expert witnesses (accident reconstructionists, life-care planners).

• Negotiates aggressively with insurers and, if needed, files suit in Dallas County District Court or the U.S. District Court for the Northern District of Texas.

• Works on a contingency-fee basis—you owe nothing unless we recover compensation.

If you’re searching for an injury lawyer near me in Dallas, Louis Law Group has the local knowledge and statewide resources to maximize your claim.

Local Resources & Next Steps

Texas Department of Insurance – File complaints, review insurer data, and locate consumer help lines. Texas Judicial Branch – Access electronic filing, fee schedules, and court locator tools. Dallas Bar Association Lawyer Referral Service – Obtain additional legal referrals if needed. Texas Civil Practice & Remedies Code – Read the statutes governing limitations, damages, and comparative fault.

Statute of Limitations Checklist

Use this quick reference to ensure deadlines are met:

Claim TypeDeadline General Personal Injury2 years Wrongful Death2 years from date of death Texas Tort Claims Act Notice6 months (90 days in Dallas County) Workers’ Comp Employer Notice30 days

Next Steps

Healing after an accident is stressful, but you don’t have to face insurers or defendants alone. Preserve your rights by acting quickly, staying informed, and partnering with a dedicated advocate.

CTA: If you’ve been injured in Texas—whether on I-635, at a Deep Ellum venue, or in a South Dallas workplace—contact Louis Law Group today for a free case evaluation. Call 833-657-4812 or visit our Dallas office to get started.

Legal Disclaimer: This guide provides general information and is not legal advice. Reading it does not create an attorney-client relationship. Always consult a licensed Texas attorney about the specific facts of your case.