Fort Worth Guide to Texas Personal Injury Law & Rights

12 min read

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

Fort Worth is one of Texas’s fastest-growing metropolitan areas, with bustling highways such as I-35W, I-20, and Loop 820, a vibrant downtown, and expanding industrial zones. Unfortunately, growth brings an uptick in car crashes, workplace incidents, and other accidents. The Texas Department of Transportation’s 2022 Crash Statistics list more than 15,000 reportable motor vehicle accidents in Tarrant County alone. If you or a loved one has been injured, understanding your rights under Texas law—and the unique procedures of local Fort Worth courts—can mean the difference between fair compensation and out-of-pocket hardship.

This comprehensive guide, slightly claimant-centric by design, explains how Texas personal injury law applies in Fort Worth. We cover:

• Key statutes such as the two-year statute of limitations

• Comparative fault rules and damage caps

• Specific claim types: auto collisions, slip-and-fall, workplace injuries, defective products, and wrongful death

• Step-by-step actions after an accident

Local resources—from the Texas Department of Insurance to Tarrant County courts

The information below is drawn from the Texas Civil Practice & Remedies Code, recent Texas appellate decisions, and Fort Worth accident statistics. While this article empowers injured individuals, it is not a substitute for personalized legal advice. If you need tailored guidance, call Louis Law Group at 833-657-4812 for a free case evaluation.

Understanding Texas Personal Injury Law

1. Statute of Limitations: The Two-Year Countdown

Under CPRC §16.003, most personal injury and wrongful-death actions must be filed within two years of the date the cause of action accrues. Some exceptions apply:

• Discovery rule: For latent injuries (e.g., toxic exposure), the clock may begin when the injury is discovered or reasonably should have been discovered.

• Minor plaintiffs: The statute typically pauses until the child turns 18.

• Government defendants: Suits against Texas governmental entities require notice within six months (Tex. Civ. Prac. & Rem. Code §101.101) and must comply with the Texas Tort Claims Act’s additional restrictions.

2. Negligence and Burden of Proof

To win a personal injury claim in Texas, the plaintiff must establish by a preponderance of the evidence:

• A duty owed by the defendant

• Breach of that duty

• Causation (both cause-in-fact and proximate cause)

• Damages

Fort Worth trial courts follow statewide precedent such as El Chico Corp. v. Poole, 732 S.W.2d 306 (Tex. 1987), and Del Lago Partners, Inc. v. Smith, 307 S.W.3d 762 (Tex. 2010), addressing premises liability and foreseeability.

3. Modified Comparative Fault (51 Percent Bar)

Texas employs a modified comparative fault system (CPRC §33.001). If you are 51 percent or more at fault, you recover nothing. If you are 50 percent or less at fault, your damages are reduced by your percentage of fault. Insurance adjusters often exploit this rule; an experienced Fort Worth accident attorney can help rebut unfair fault allocations.

4. Damages Available

• Economic damages: medical expenses, lost wages, rehabilitation, property damage.

• Non-economic damages: pain and suffering, emotional distress, loss of consortium.

• Exemplary (punitive) damages: only on clear and convincing proof of malice, fraud, or gross negligence (CPRC §41.003). Texas caps punitive damages at the greater of $200,000 or two times economic damages plus up to $750,000 of non-economic damages.

Medical malpractice non-economic damages are capped at $250,000 per claimant against physicians and an additional $250,000 against healthcare institutions (CPRC §74.301). No general cap exists for typical auto or premises-liability claims.

Common Types of Personal Injury Cases in Fort Worth

1. Motor Vehicle Collisions

With I-35W’s congestion and heavy trucking traffic on I-20, Tarrant County routinely ranks among Texas’s top five counties for crashes. To prevail in an auto accident claim, you must prove the driver breached a duty—such as by speeding or texting—and directly caused your injuries. Be aware that Texas is an at-fault state, so the negligent driver’s insurer is primarily responsible.

2. Slip-and-Fall (Premises Liability)

Under Del Lago, property owners owe varying duties depending on visitor status:

• Invitees (e.g., shoppers at Hulen Mall): duty to inspect and make safe.

• Licensees (social guests): duty to warn of known dangers.

• Trespassers: limited duty not to willfully injure.

You must prove the owner had actual or constructive notice of a dangerous condition and failed to correct it. Document hazards—such as unmarked wet floors—immediately.

3. Workplace Injuries

Texas is unique: employers may opt out of workers’ compensation. Non-subscriber employers in Fort Worth (especially in construction or oilfield services) can be sued directly for negligence, though they lose certain defenses like co-employee negligence. If your employer does carry workers’ comp, you generally cannot sue but may obtain benefits through the Texas Division of Workers’ Compensation.

4. Defective Products

Texas recognizes strict liability for unreasonably dangerous products as defined in Restatement (Second) of Torts §402A and codified in CPRC §82.001–.008. Plaintiffs must prove the product was defective when it left the manufacturer and that the defect caused injury. Common Fort Worth product cases involve faulty vehicle parts or unsafe oil-and-gas equipment.

5. Wrongful Death

Surviving spouses, children, and parents may sue for wrongful death (CPRC §71.004). Obtaining damages for mental anguish and loss of companionship requires demonstrating the defendant’s wrongful act or negligence caused the decedent’s death. A survival action may also be brought by the estate to recover the decedent’s own damages.

Texas Legal Protections & Recent Court Rulings

1. Damage Caps Beyond Medical Malpractice

While punitive damages and medical malpractice are capped, no blanket limits apply to pain-and-suffering awards in most personal injury claims. However, insurers often cite jury verdict trends to pressure low settlements. Familiarity with local verdicts in the 48th, 96th, and 236th District Courts of Tarrant County helps negotiate fair value.

2. Sovereign Immunity & the Texas Tort Claims Act

When a city-owned vehicle causes a wreck, sovereign immunity may bar suit unless the Tort Claims Act’s limited waiver applies. Plaintiffs must send notice within six months and prove the employee would be personally liable if a private person had acted similarly. Seek counsel quickly; municipalities frequently deny late claims.

3. Recent Cases Shaping Texas Injury Law

• In re ExxonMobil Corp., 636 S.W.3d 921 (Tex. 2021): clarified the admissibility of medical billing affidavits, affecting proof of economic damages.

• Cameron International Corp. v. Martinez, 662 S.W.3d 239 (Tex. 2022): emphasized expert testimony requirements in product-liability design-defect cases.

• Hill County v. Lopez, 634 S.W.3d 61 (Tex. 2021): reaffirmed strict notice deadlines under the Tort Claims Act.

4. Insurance Regulations Impacting Claims

The Texas Department of Insurance regulates auto and liability insurers. Texas requires minimal 30/60/25 auto liability coverage (CPRC §601.072), often inadequate for severe injuries. Underinsured motorist (UIM) coverage is optional but critical. Insurers must acknowledge claims within 15 days (Tex. Ins. Code §542.055) and pay promptly after acceptance. Bad-faith penalties may apply for unreasonable delays.

Essential Steps to Take After an Injury in Fort Worth

1. Prioritize Medical Care

Visit an emergency room such as Texas Health Fort Worth or Baylor Scott & White All Saints. Immediate diagnosis protects your health and documents causation. Follow all treatment recommendations—gaps in care invite insurers to downplay injuries.

2. Notify Authorities and Obtain Official Reports

• Auto wrecks: Call 911. Fort Worth Police Department crash reports are available online within 5–10 days.

• Workplace injuries: Report to your supervisor within 30 days per Tex. Lab. Code §409.001.

• Premises incidents: Request the store manager’s written incident form.

3. Preserve Evidence

Photograph the scene, your injuries, and property damage. Collect witness names and phone numbers. Store torn clothing or defective products in a safe place. Swift evidence preservation counters the defense’s argument that conditions changed.

4. Track Expenses and Lost Income

Keep every bill, receipt, and pay-stub. Out-of-pocket costs—including mileage to appointments—are compensable. Document missed work hours with employer letters or timesheets.

5. Avoid Common Mistakes

• Recorded statements: Insurers often request them within days. Politely decline until you consult counsel.

• Social media posts: Photos of daily activities can be misconstrued to dispute your pain levels.

• Quick settlements: Signing a release before you know the full extent of injuries bars future claims.

When to Seek Legal Help in Texas

Although Texas law allows self-representation, complex rules, tight deadlines, and aggressive insurers frequently leave unrepresented claimants under-compensated. Consider retaining a personal injury lawyer Texas residents trust when:

• Your injuries are severe or permanent (e.g., fractures, surgeries, traumatic brain injury).

• Liability is disputed or multiple parties are involved (e.g., multi-vehicle pileups on I-35W).

• An at-fault driver lacks adequate insurance, making UIM or third-party claims necessary.

• A governmental entity or non-subscriber employer is a defendant, invoking specialized statutes.

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

Louis Law Group has recovered millions for injured Texans. Our attorneys:

• Investigate with accident reconstructionists and medical experts

• Handle all correspondence so you can focus on healing

• Negotiate assertively and, when needed, litigate in Tarrant County courts

• Work on a contingency fee—no fees unless we obtain compensation

If you have questions, call 833-657-4812 for a free consultation today.

Local Resources & Next Steps for Fort Worth Claimants

Key Agencies and Courts

Texas Department of Insurance (TDI) – File insurance complaints or verify carrier licenses. Tarrant County District Clerk – Access case filings for the 48th, 96th, 141st, 153rd, and other district courts. Legal Aid of NorthWest Texas – Free or low-cost legal help for qualifying residents. Texas Judicial Branch – Learn about the state court system and appellate process.

Checklist: Moving Forward

• Obtain all medical records and police or incident reports.

• Compile photos, witness statements, and expense documentation.

• Schedule a free case evaluation with Louis Law Group at 833-657-4812.

• Let counsel handle insurer communications while you focus on recovery.

• Follow your treatment plan and stay informed of case progress.

Legal Disclaimer

This article provides general information about Texas personal injury law and is not legal advice. Laws change, and outcomes depend on specific facts. Reading this guide does not create an attorney-client relationship. For advice tailored to your situation, contact a licensed Texas attorney.

Injured in Texas? Don’t navigate the legal maze alone. Call Louis Law Group at 833-657-4812 for your free case evaluation today.