El Paso Guide to Texas Personal Injury Law & Your Rights

Estimated Read Time: 11 min read

Introduction: Why Every Injured El Paso Resident Needs This Guide

The minutes and days after a serious accident can feel overwhelming—especially if you are dealing with pain, mounting medical bills, and aggressive insurance adjusters. Understanding Texas personal injury law in El Paso is critical to protecting your health, finances, and future. Whether you were rear-ended on I-10, slipped at a Mesa Street business, suffered a workplace injury at Fort Bliss, or lost a loved one in a tragic trucking crash on U.S. 54, Texas law gives you specific rights to seek compensation for medical expenses, lost wages, pain and suffering, and more. This comprehensive guide explains:

• The core principles of Texas negligence law and comparative fault rules.

• How the state’s two-year statute of limitations could make or break your claim.

• Proven, step-by-step actions to strengthen your case from day one.

• Local resources—courts, regulators, and legal aid—that serve El Paso County residents.

• When (and why) to call an experienced El Paso accident attorney to fight for full and fair compensation.

Throughout, we lean toward protecting injured individuals—because the insurance companies and corporate defendants already have ample resources on their side.

Understanding Texas Personal Injury Law

1. Statute of Limitations

Under Texas Civil Practice & Remedies Code § 16.003, most personal injury lawsuits must be filed within two years of the date of injury or discovery of the harm. Missing this deadline usually ends the case, no matter how strong your evidence is. There are limited exceptions—for example, for minors, the clock generally starts when they turn 18.

2. Negligence and the 51% Bar Rule

Texas follows a modified comparative fault model. If you are 51% or more responsible for the accident, you cannot recover damages. If you are 50% or less at fault, your compensation is reduced by your percentage of fault. For instance, a jury award of $100,000 is cut to $70,000 if you are found 30% liable.

3. Damages Available

• Economic damages: Medical bills, rehabilitation, lost wages, loss of earning capacity, property damage, and out-of-pocket expenses.

• Non-economic damages: Pain and suffering, mental anguish, loss of consortium, and diminished quality of life.

• Exemplary (punitive) damages: Awarded only when the defendant’s conduct was fraudulent, malicious, or grossly negligent. Texas caps exemplary damages at the greater of (a) $200,000 or (b) two times economic damages plus an equal amount of non-economic damages up to $750,000 (Tex. Civ. Prac. & Rem. Code § 41.008).

Common Types of Personal Injury Cases in Texas

1. Motor Vehicle Accidents

According to the Texas Department of Transportation, El Paso County reported more than 15,000 crashes in 2022, with I-10 and Loop 375 ranking among the most dangerous stretches. To prevail, a plaintiff must prove the defendant breached a duty to drive safely—examples include speeding, distracted driving, or drunk driving—and that breach caused compensable damages.

2. Slip-and-Fall and Premises Liability

Businesses along Montana Avenue, shopping centers such as Cielo Vista Mall, and even private homes can be liable when hazardous conditions—wet floors, broken railings, or inadequate lighting—cause injury. Plaintiffs must show the property owner knew or should have known about the dangerous condition and failed to correct it or warn visitors.

3. Workplace and Construction Injuries

Texas is unique in allowing most employers to opt out of workers’ compensation. If your employer lacks coverage (“nonsubscriber”), you can file a negligence lawsuit with a lower standard of proof (ordinary negligence vs. gross negligence). Construction sites on the Border Highway and massive logistics warehouses near the Santa Teresa port pose particular hazards: falls, struck-by incidents, and heavy equipment crashes.

4. Defective Products

From faulty vehicle airbags to unsafe children’s toys, Texas recognizes strict liability for manufacturing defects, design defects, and inadequate warnings. Plaintiffs must usually produce expert testimony linking the defect to the injury.

5. Wrongful Death

Spouses, children, and parents may file suit when negligence causes the loss of a loved one (Tex. Civ. Prac. & Rem. Code § 71.004). El Paso families devastated by trucking fatalities on U.S. 54 often pursue wrongful death actions to recover funeral costs, lost household income, and the emotional devastation of losing a family member.

Texas Legal Protections & Regulations

1. Damage Caps in Medical Malpractice

Non-economic damages in medical negligence cases are capped at $250,000 per claimant against a physician or health-care provider, and $500,000 against health-care institutions (Tex. Civ. Prac. & Rem. Code § 74.301). No caps apply to economic damages.

2. Governmental Immunity and Notice Requirements

When your injury involves a government entity (e.g., a city bus crash on Sun Metro), you must file a notice of claim within six months—or even sooner if local ordinances shorten the window (45 days for the City of El Paso). Government liability is also capped at $250,000 per person and $500,000 per incident (Tex. Civ. Prac. & Rem. Code § 101.023).

3. Recent Court Rulings Affecting Claims

• Hill Country Imaging v. Hux (Tex. 2022): Clarified expert report requirements in health-care liability claims, reinforcing strict dismissal rules if a plaintiff’s expert report is inadequate.

• In re Farmers Tex. County Mutual (Tex. 2023): Affirmed the right of plaintiffs to depose corporate representatives early, even before some written discovery is complete, enabling quicker access to vital evidence.

4. Insurance Regulation

The Texas Department of Insurance (TDI) oversees automobile and liability insurers. TDI mandates prompt acknowledgment of claims (within 15 days) and fair settlement practices (Tex. Ins. Code §§ 542.055-542.058). If an insurer unreasonably delays, you may pursue additional damages and attorney’s fees.

Five Critical Steps to Take After an Injury in El Paso

• Seek Immediate Medical Evaluation Even minor symptoms can flag serious issues such as traumatic brain injuries or internal bleeding. Prompt care documents the causal link between the incident and your injuries.

• Report and Document the Incident Call 911 after a crash, notify store managers for a slip-and-fall, or complete an accident report in the workplace. Take photos or video of the scene, hazards, vehicle positions, and any visible injuries. Collect contact information for witnesses.

• Preserve Physical and Digital Evidence Keep damaged property (e.g., torn clothing, defective product) in a safe place. Save dash-cam footage, surveillance video screenshots, and text messages from the at-fault party or insurer.

• Notify Your Insurance—and Be Cautious Texas policies often require prompt notice. Provide basic facts, but avoid recorded statements without legal advice. An insurance adjuster’s goal is to minimize payouts.

• Track All Expenses and Impacts Use a dedicated file for medical bills, mileage to appointments, rehabilitation receipts, and wage-loss documentation. Keep a pain journal detailing how the injury affects sleep, mood, and daily tasks. This diary becomes powerful evidence of non-economic damages.

When to Seek Legal Help in Texas

Indicators You Need an Attorney Now

• The other driver or property owner denies liability—or blames you.

• You are offered a quick settlement that seems low.

• Your injuries are severe (fractures, surgery, long-term therapy).

• Multiple parties or insurers are involved (e.g., multi-vehicle pile-up on I-10).

• The defendant is a government entity or out-of-state trucking company.

An experienced personal injury lawyer Texas professionals rely on can level the playing field. Attorneys at Louis Law Group investigate accidents, preserve vital evidence (black-box data, surveillance footage), negotiate aggressively with insurers, and, when necessary, take cases to trial in El Paso County’s 41st, 168th, or 210th District Courts.

How Louis Law Group Supports Injured Texans

• Contingency Fees: No attorney fees unless we recover compensation.

• Free Case Evaluation: Learn your rights at no cost by calling 833-657-4812.

• Spanish-Language Representation: Serving El Paso’s vibrant bilingual community.

• Proven Results: Millions recovered for Texas victims of auto collisions, industrial injuries, and defective products.

Local Resources & Next Steps

Regulatory and Court Agencies

El Paso County Courts & District Clerk – File lawsuits, check court dockets, and access local rules. Texas Department of Insurance – File complaints against insurers for unfair claim practices. State Bar of Texas Lawyer Referral Service – Find licensed attorneys in good standing.

• El Paso Legal Assistance Society – Low-income residents can seek civil legal aid (915-544-7558).

Safety and Prevention Trends in El Paso

TxDOT crash data show a rise in distracted-driving incidents along Transmountain Road, while OSHA cites increasing fall hazards at West El Paso construction sites. The City’s Vision Zero initiative aims to eliminate traffic deaths by redesigning problematic intersections such as Zaragoza and George Dieter.

Your Next Move

If you or a loved one has been hurt in El Paso, acting quickly protects your claim and health. Gather your medical records, accident reports, and any letters from insurers. Then, talk with a trusted legal professional before signing any release forms.

Legal Disclaimer: This guide is for educational purposes and does not create an attorney-client relationship. Legal outcomes depend on specific facts and applicable law. Consult a licensed Texas attorney regarding your individual situation.

Ready to take the first step? Call Louis Law Group at 833-657-4812 for a free, no-obligation case evaluation. Our El Paso accident attorneys fight to secure the full compensation Texans deserve.