Fort Worth Guide to Texas Personal Injury Law & Your Rights

Estimated read time: 13 min read

Introduction: Why Fort Worth Residents Must Know Their Injury Rights

Fort Worth’s rapid growth brings vibrant cultural attractions, new construction projects, and—unfortunately—more accidents. From I-35 pile-ups to Stockyards slip-and-falls, thousands of Tarrant County residents are injured each year. Knowing your rights under Texas personal injury law can be the difference between receiving fair compensation and bearing the financial burden alone. This comprehensive guide, tailored specifically for Fort Worth, Texas, explains the core principles of negligence, deadlines to file suit, and actionable steps you can take today. Whether you were hurt in a car crash on Loop 820, a workplace incident at Alliance Airport, or a defective product situation, the information below protects your interests and empowers you to move forward.

Common personal injury claims we address include:

• Auto and truck collisions

• Slip-and-fall or trip-and-fall incidents

• Workplace and construction injuries

• Dangerous or defective products

• Medical malpractice and wrongful death

If at any point you have questions, call Louis Law Group at 833-657-4812 for a free, no-obligation case evaluation.

Understanding Texas Personal Injury Law

Statute of Limitations: The Two-Year Rule

Texas imposes a strict deadline—generally two years from the date of injury—to file a personal injury lawsuit. This rule is codified in Texas Civil Practice & Remedies Code §16.003. If you miss this window, the court will almost certainly dismiss your case, regardless of its merits. Limited exceptions apply for minors or cases involving fraudulent concealment, but never assume you qualify; speak with an attorney immediately.

Negligence and Duty of Care

Most Texas personal injury cases hinge on negligence—proving that the defendant owed you a duty of care, breached that duty, and caused damages. For instance, a Fort Worth driver is expected to obey traffic laws; a store owner must keep premises reasonably safe for customers. Breach of that duty, resulting in injury, forms the basis of liability.

Modified Comparative Fault (51% Bar Rule)

Texas follows a modified comparative fault system (Civil Practice & Remedies Code Chapter 33). Your compensation is reduced by your percentage of fault. If you are 50% or less at fault, damages are reduced proportionally; at 51% or more, you recover nothing. Insurance carriers often exploit this rule to undervalue claims—another reason timely legal advice is critical.

Common Types of Personal Injury Cases in Texas

1. Automobile and Truck Accidents

According to the Texas Department of Transportation, Tarrant County recorded over 34,000 crashes in 2022. Proving liability typically involves police reports, eyewitness statements, electronic data recorders, and photo evidence. Commercial truck cases add Federal Motor Carrier Safety Regulations, making early evidence preservation (e.g., driver logs, maintenance records) crucial.

2. Slip-and-Fall (Premises Liability)

Texas premises liability law requires property owners to remedy or warn of unreasonably dangerous conditions they knew or should have known about. Video surveillance and incident reports can make or break these claims.

3. Workplace Injuries

While many Fort Worth employers subscribe to workers’ compensation, Texas remains the only state that lets private employers opt out. If your employer is nonsubscriber, you may sue directly for negligence, potentially recovering non-economic damages unavailable through workers’ comp.

4. Defective Products

Product liability claims arise when a design defect, manufacturing defect, or inadequate warnings render a product unreasonably dangerous. Texas follows strict liability principles under Civil Practice & Remedies Code Chapter 82.

5. Wrongful Death

When negligence results in death, surviving spouses, children, and parents may sue under Chapter 71. Damages include lost earning capacity, mental anguish, and loss of companionship. The estate can also file a survival action for the decedent’s pain and medical expenses.

Texas Legal Protections & Recent Developments

Damage Caps

• Medical Malpractice: Non-economic damages cap at $250,000 per defendant ($500,000 overall) under Tex. Civ. Prac. & Rem. Code §74.301.

• Government Liability: The Texas Tort Claims Act limits damages to $250,000 per person and $500,000 per occurrence against state agencies.

Punitive (Exemplary) Damages

Capped at the greater of $200,000 or twice the amount of economic damages plus non-economic damages up to $750,000 (§41.008). Clear and convincing evidence of malice or gross negligence is required.

Notable Court Decisions Affecting Claimants

J&J v. Bostic (Tex. 2014) – Tightened causation standards in asbestos cases but reaffirmed plaintiffs’ rights to present epidemiological evidence. Crown Cork & Seal Co. v. Garcia (Tex. 2021) – Clarified the 15-year repose statute for product liability, impacting older machinery claims. Ledesma v. Elmer (Tex. Sup. Ct. 2023) – Expanded vicarious liability for negligent entrustment of vehicles.

The takeaway: Texas courts continue to refine negligence and damages law. A knowledgeable Fort Worth attorney tracks these changes to maximize your recovery.

Steps to Take Immediately After an Injury

1. Seek Medical Attention

Even minor symptoms can mask serious injuries. Prompt care protects your health and documents causation for later negotiation or trial.

2. Report the Incident

• Auto crash: Call 911. Ensure a CR-3 police report is generated by Fort Worth Police or Texas DPS.

• Work injury: Notify your supervisor in writing within 30 days (workers’ comp requirement).

• Premises injury: Complete an incident report with the property manager.

3. Preserve Evidence

• Photograph the scene, injuries, and any hazards.

• Collect witness names and contact info.

• Secure damaged products or vehicles.

• Save medical bills, pay stubs, and correspondence.

4. Notify Insurance—but Limit Statements

You must timely report claims to auto or homeowner insurers, but provide only basic facts. Decline recorded statements until you speak with counsel.

5. Consult an Attorney Before You Sign Anything

Insurance adjusters often present lowball offers early. A brief consultation can reveal the full value of your claim.

When to Seek Legal Help in Texas

Simple property-damage-only fender benders may be handled pro se. However, you should strongly consider hiring an attorney when:

• You sustained injuries requiring medical treatment beyond first aid

• The at-fault party disputes liability

• Multiple parties or commercial vehicles are involved

• An insurer begins requesting recorded statements or authorizations

• Medical bills, lost income, or future care costs exceed a few thousand dollars

Louis Law Group represents injured Texans on a contingency-fee basis—no fees unless we win. We front litigation expenses, hire medical experts, and negotiate aggressively with insurers who operate in and around Fort Worth.

Local Resources & Next Steps

Court Systems Serving Fort Worth

• 96th District Court – Handles many civil injury cases in Tarrant County.

• County Courts at Law – Civil jurisdiction up to $250,000.

• Justice Courts (JP) – For smaller claims under $20,000.

State & Local Agencies

Texas Department of Insurance (TDI) – Complaint processes and insurer licensing. Tarrant County Bar Association – Lawyer referral and pro bono programs. TexasLawHelp.org – Free legal information for low-income Texans.

Practical Checklist

• Mark the two-year deadline on your calendar.

• Attend all medical appointments and follow doctors’ orders.

• Keep a pain journal documenting daily struggles.

• Forward medical bills to your attorney so liens can be negotiated.

• Avoid social media posts about the accident.

Speak With Louis Law Group Today

If you or a loved one was injured in Fort Worth, don’t navigate Texas personal injury law alone. Evidence can disappear, and insurers move quickly to protect their bottom line. Call Louis Law Group at 833-657-4812 or fill out our online form for a free case evaluation. We fight for maximum compensation for medical bills, lost wages, pain and suffering, and future needs—so you can focus on healing.

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Reading this material does not create an attorney-client relationship. Consult a licensed Texas attorney regarding your specific situation.