Fort Worth Guide to Texas Personal Injury Law

10 min read

Introduction: Why Every Fort Worth Resident Should Understand Texas Personal Injury Law

Fort Worth’s rapid growth, busy highways such as I-35W and Loop 820, and thriving industrial sectors unfortunately increase the likelihood of accidents. According to the Texas Department of Transportation, Tarrant County recorded more than 36,000 crashes in 2022, resulting in thousands of injuries. Slip-and-fall incidents in the bustling West 7th entertainment district, workplace accidents in the city’s aerospace and logistics hubs, and defective product injuries involving oilfield machinery all contribute to local claims. When you or a loved one is hurt, knowing your rights under Texas law empowers you to secure fair compensation for medical bills, lost income, and pain and suffering. This guide—crafted for Fort Worth residents and those injured anywhere in Texas—breaks down the statutes, court procedures, and strategic steps that tilt the scales toward injured parties.

Quick snapshot of what you will learn:

• Texas’s two-year statute of limitations and how to stop the clock.

• The state’s 51 percent modified comparative fault rule.

• Key regulations capping certain damages and exceptions you can use.

• Concrete, step-by-step actions to strengthen your injury case.

Local resources such as Texas Department of Insurance, Tarrant County courts, and legal aid.

Whether your accident involves a negligent driver on I-30, a defective power tool in a Haltom City warehouse, or a tragic wrongful death on the job, this guide offers actionable information to protect your rights. If questions arise, call Louis Law Group at 833-657-4812 for a free case evaluation.

Understanding Texas Personal Injury Law

Two-Year Statute of Limitations

Under Texas Civil Practice and Remedies Code §16.003, most personal injury and wrongful death claims must be filed within two years of the date the cause of action accrues. Missing the deadline usually bars recovery. Limited tolling exists—minors, persons of unsound mind, and defendants who leave the state may pause the clock, but do not rely on exceptions. Acting early gives your attorney time to gather evidence and negotiate with insurers.

Negligence and the Elements You Must Prove

Like most states, Texas injury claims hinge on negligence. You must establish 1) a legal duty, 2) breach of that duty, 3) causation, and 4) damages. A Fort Worth property owner owes lawful visitors a duty to remove unreasonably dangerous conditions; a driver on I-20 owes everyone a duty to follow traffic laws.

Modified Comparative Fault—The 51 Percent Bar Rule

Texas applies a proportional responsibility system (Tex. Civ. Prac. & Rem. Code §33.001). If your share of fault is 50 percent or less, your damages are reduced proportionally. At 51 percent or more, you collect nothing. Skilled attorneys focus on minimizing the percentage attributed to you and maximizing liability on defendants and third parties.

Standard of Proof: Preponderance of the Evidence

You must convince a judge or jury that your version of events is more likely true than not—just over 50 percent certainty.

Common Types of Personal Injury Cases in Texas

Auto and Truck Accidents

Tarrant County roads see heavy commercial traffic. Semi-truck wrecks often involve federal regulations (FMCSA) layered on Texas negligence law. Black-box data, hours-of-service logs, and drug-testing records strengthen claims. Texas also allows recovery of diminished vehicle value.

Slip, Trip, and Fall Incidents

Premises liability claims require proving the owner had actual or constructive knowledge of a dangerous condition and failed to fix or warn. Video surveillance from Fort Worth Stockyards shops or Hulen Mall is key evidence.

Workplace Injuries

Texas is unique: private employers may opt out of workers’ compensation. If your employer is a non-subscriber, you can bring a negligence suit without facing traditional defenses like assumption of risk. If the employer carries comp, you still may sue third parties (e.g., equipment manufacturers) for additional damages.

Defective Products

Under strict liability, you need not prove the manufacturer’s negligence—only that the product was defective and unreasonably dangerous when it left the seller’s control. The Eleventh Court of Appeals’ decision in Genie Industries v. Matak clarified warning adequacy standards used by Fort Worth courts.

Wrongful Death

Texas permits surviving spouses, children, and parents to sue within two years of death. Damages include lost earning capacity, companionship, and mental anguish; exemplary (punitive) damages may apply if gross negligence exists.

Texas Legal Protections & Regulations

Damage Caps

• Medical Malpractice: CPRC §74.301 caps noneconomic damages at $250,000 against a physician and $500,000 against all healthcare institutions combined, adjusted for inflation.

• Punitive Damages: CPRC §41.008 limits exemplary damages to the greater of $200,000 or twice economic plus noneconomic damages up to $750,000.

• Governmental Liability: The Texas Tort Claims Act imposes a $250,000 per-person, $500,000 per-occurrence limit on claims against municipalities like Fort Worth.

Recent Court Decisions Affecting Claims

• Nabors Well Services, Ltd. v. Romero (Tex. 2015) allows seat-belt non-use evidence, potentially reducing recoveries if the plaintiff was unrestrained.

• Garcia v. City of Willis (Tex. 2020) tightened sovereign-immunity exceptions, making timely notice of municipal claims (often 6 months) critical.

• Hill v. Keliher (Tex. 2022) re-affirmed that mental anguish without physical injury is compensable only in limited circumstances.

Insurance Regulations

The Texas Department of Insurance enforces minimum auto liability limits (30/60/25). Failure to carry insurance is a misdemeanor, but also gives injured parties potential Stowers demand leverage—demanding policy limits when liability is clear—to pressure carriers into fair settlements.

Steps to Take After an Injury in Fort Worth

Seek Immediate Medical Care Even if pain seems minor, see a physician within 24 hours. Gaps in treatment allow insurers to argue your injuries were unrelated. Document the Scene Use your phone to photograph vehicle positions near Exchange Avenue, wet floors in a Sundance Square restaurant, or defective ladder parts on a Keller construction site. Note weather, lighting, and witnesses’ contact information. File Official Reports Car accidents require a Texas Peace Officer’s Crash Report if injuries exist; for premises incidents, demand an incident report from store management. Preserve Evidence Keep damaged clothing, broken products, and maintenance logs. Send a spoliation letter advising the defendant to preserve surveillance footage. Notify Insurers Promptly—but Cautiously Texas policies require “prompt notice.” Provide basic facts; decline recorded statements until you consult counsel. Track Expenses Maintain a file of ER bills from Texas Health Harris Methodist, physical therapy invoices, mileage to appointments, and wage-loss documentation from your employer. Consult a Personal Injury Attorney Early representation helps gather medical opinions, negotiate liens, and counter comparative fault arguments.

When to Seek Legal Help in Texas

Simple fender-benders with no injuries may not require a lawyer, but most cases benefit from counsel when:

• Liability is disputed or multiple parties share fault.

• Medical bills exceed $2,500 or injuries involve fractures, surgery, or permanent impairment.

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

• You suspect a defective product or a non-subscriber employer.

• A wrongful death or catastrophic injury occurs.

Why Louis Law Group? Our Fort Worth team speaks English and Spanish, offers home or hospital visits, and advances case costs—so you pay nothing unless we win. We leverage experts from accident reconstructionists to life-care planners to demonstrate full damages.

Local Resources & Next Steps

Court System

Fort Worth injury cases typically file in Tarrant County District Courts or County Courts at Law. Docket information, filing fees, and e-filing portals are available at Tarrant County Courts.

Legal Aid & Bar Associations

State Bar of Texas Lawyer Referral

• Legal Aid of NorthWest Texas (Fort Worth office)

• Tarrant County Bar Association Volunteer Attorney Services

Insurance & Consumer Help

For disputes over claim handling, file a complaint with the Texas Department of Insurance. The Consumer Help Line is 800-252-3439.

Ready to Take Action? Evidence fades and statutes run fast. Call Louis Law Group at 833-657-4812 for your free, no-obligation consultation today.

Disclaimer: This guide is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Consult a licensed Texas attorney about your specific circumstances.