Frisco Guide to Texas Personal Injury Law & Rights

Estimated reading time: 12 min read

Introduction: Why Knowing Your Rights Matters in Frisco, Texas

Frisco’s rapid growth has brought more traffic, busy construction sites, and crowded retail centers—factors that unfortunately raise the risk of accidents. Whether you were rear-ended on the Dallas North Tollway, tripped on a poorly lit sidewalk at The Star, or suffered a traumatic brain injury at work on State Highway 121, understanding Texas personal injury law is critical. A single missed deadline or misstep with an insurance adjuster can cost you thousands of dollars—or your entire claim.

This guide walks Frisco residents through their legal options after:

• Motor-vehicle collisions (cars, motorcycles, rideshares, commercial trucks)

• Slip-and-fall or trip-and-fall incidents on public or private property

• Workplace injuries, including construction and warehouse accidents

• Defective products—from children’s toys to automotive parts

• Catastrophic injuries and wrongful death

Every section below references controlling Texas statutes, local court procedures, and recent case law, arming you with facts the insurance companies hope you never learn. If at any point you feel overwhelmed, remember you do not have to fight alone. Louis Law Group is available 24/7 at 833-657-4812 for a free consultation.

Understanding Texas Personal Injury Law

1. Statute of Limitations

Under Tex. Civ. Prac. & Rem. Code § 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 (e.g., injury to a minor, the discovery rule for latent injuries, and cases involving governmental entities). Missing this deadline usually means your claim is forever barred.

2. Modified Comparative Fault (Proportionate Responsibility)

Texas follows a “51 percent bar” rule (§ 33.001). If you are found more than 50 percent responsible for your own injuries, you recover nothing. If you are 50 percent or less at fault, your damages are reduced by your percentage of responsibility. Example: a Frisco jury finds your damages total $100,000 but says you are 20 percent at fault. You can recover $80,000.

3. Negligence Elements

• Duty – The defendant owed you a legal duty (e.g., drivers must obey traffic laws).

• Breach – The defendant breached that duty by acting unreasonably.

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

• Damages – You sustained compensable losses (medical bills, lost wages, pain, etc.).

4. Insurance Framework

Texas is a fault state: the at-fault party (or their insurer) pays. Minimum auto liability coverage is $30,000 per injured person, $60,000 per accident, and $25,000 property damage (Texas Transportation Code § 601.072). Many serious injuries far exceed these limits, which is why underinsured motorist (UIM) coverage and umbrella policies can be lifesavers.

Common Types of Personal Injury Cases in Frisco & Across Texas

1. Motor-Vehicle Accidents

Frisco sits at the junction of Collin and Denton counties, two of the fastest-growing counties in the nation. According to the Texas Department of Transportation’s 2022 Crash Statistics, Collin County saw over 15,000 crashes, including 54 fatalities. To prove liability in a car accident, you typically rely on police reports, eyewitness accounts, traffic-camera footage, cell-phone records, and accident-reconstruction experts.

2. Premises Liability (Slip-and-Fall)

Property owners owe varying duties depending on whether the visitor is an invitee, licensee, or trespasser (see State v. Williams, 940 S.W.2d 583 (Tex. 1996)). An invitee—like a customer at Stonebriar Centre—must show the owner knew or reasonably should have known of an unreasonably dangerous condition and failed to correct it or warn.

3. Workplace & Construction Injuries

Texas is the only state that does not require private employers to carry workers’ compensation. If your employer is a nonsubscriber, you may sue directly for negligence. Even if your employer carries workers’ comp, you may have third-party claims against equipment manufacturers, subcontractors, or premises owners.

4. Product Liability

Under Tex. Civ. Prac. & Rem. Code § 82, manufacturers can be held liable for design defects, manufacturing defects, and inadequate warnings. Expert testimony and compliance (or noncompliance) with federal regulations (e.g., NHTSA recalls) often decide these cases.

5. Wrongful Death

Spouses, parents, and children may file a wrongful-death claim under § 71.004. Damages include pecuniary losses, mental anguish, loss of companionship, and sometimes exemplary damages when the death results from willful or grossly negligent conduct.

Texas Legal Protections & Key Regulations

1. Damage Caps

Texas generally has no cap on damages in standard negligence actions. However, there are caps for:

• Medical malpractice: Non-economic damages limited to $250,000 per physician and $250,000 per facility, total $500,000 (Chapter 74).

• Governmental liability: Damages limited to $250,000 per person and $500,000 per occurrence for state government; lower for municipalities under the Texas Tort Claims Act.

2. Sovereign & Governmental Immunity

If you are injured by a city-owned vehicle—say a Frisco Police cruiser—you must comply with notice provisions usually within six months (some cities set 45 days). Always send formal notice right away.

3. Recent Court Rulings Impacting Claimants

• In re Allstate Indemnity Co., 622 S.W.3d 870 (Tex. 2021): Clarified the standard for discovery of an insurer’s internal claim-handling materials.

• Coppola v. Forth, 535 S.W.3d 506 (Tex. 2017): Confirmed that past medical expenses must reflect amounts actually paid or incurred.

• JLB Builders, L.L.C. v. Hernandez, 622 S.W.3d 860 (Tex. 2021): Addressed employer independent-contractor liability.

4. Bad-Faith Insurance Practices

Texas recognizes bad-faith first-party claims. Under Insurance Code § 541, you can recover actual damages, treble damages for knowing violations, and attorney’s fees. File a notice letter at least 60 days before suit.

Action Plan: Steps to Take After an Injury in Frisco

Step 1: Obtain Immediate Medical Attention

Even if you feel “fine,” adrenaline masks pain. A delayed diagnosis undermines both your health and your claim. Baylor Scott & White Medical Center – Frisco and Medical City Frisco offer 24-hour trauma care.

Step 2: Report and Document the Incident

• Auto crash: Call 911 and request a Texas Peace Officer’s Crash Report (CR-3).

• Slip-and-fall: Notify store management and insist on an incident report.

• Work accident: File Form DWC-1, Employer’s First Report of Injury, if applicable.

Step 3: Preserve Evidence

• Photograph the scene, injuries, and any hazards (wet floor, broken handrail).

• Collect witness names, phone numbers, and statements.

• Keep damaged clothing, defective products, or vehicle parts.

• Enable cloud backup for photos/videos to avoid accidental loss.

Step 4: Notify Insurers—but Don’t Overshare

Texas auto policies require prompt notice. Provide basic facts, but never allow a recorded statement without counsel. Anything you say can be used to reduce or deny your claim.

Step 5: Track All Expenses and Losses

• Medical bills and Explanation of Benefits (EOBs)

• Prescription and medical-equipment receipts

• Lost wages statements or disability slips

• Mileage to and from doctor visits

Step 6: Consult a Qualified Frisco Accident Attorney

A single conversation with an attorney often prevents costly missteps—especially before signing any releases or accepting settlement checks.

When to Seek Legal Help in Texas

Red Flags That Call for Immediate Counsel

• Serious or permanent injuries (fractures, spinal cord, TBI)

• Disputed liability or multiple vehicles/parties

• Commercial insurance carriers or trucking companies involved

• Government entities (city buses, school districts) as potential defendants

• Insurer delay tactics: lowball offers, “investigation still pending” letters, or claim denials

How Louis Law Group Champions Injured Texans

Our firm’s mission is simple: level the playing field against powerful insurers. We:

• Conduct thorough scene investigations and hire top experts.

• Calculate full economic and non-economic damages—future surgeries, lost earning capacity, and lifelong pain.

• Negotiate aggressively and, when needed, file suit in Collin or Denton County District Courts.

• Advance litigation costs, charging no fee unless we win.

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

Local Resources & Next Steps for Frisco Residents

Key Agencies and Courts

Texas Department of Insurance – File complaints, verify insurer licenses, and review consumer guides. Texas Civil Practice & Remedies Code – Read full statutes covering limitations, damages, and liability. Collin County District Clerk – Search court records and filing fees if your accident occurred in Frisco’s Collin County portion. TexasLawHelp.org – Free legal information and limited-scope assistance for low-income Texans.

Local Accident & Safety Trends

Frisco’s city data shows a steady spike in pedestrian accidents near schools and sports venues, especially during evening events. Distracted-driving citations on Eldorado Parkway and Preston Road continue to climb. The City has introduced Vision Zero initiatives, but serious injuries remain.

Your Next Steps

• Schedule follow-up medical appointments to solidify the causal link between the accident and your injuries.

• Maintain a daily pain journal describing physical limitations and emotional distress.

• Consult an attorney before the two-year deadline and ideally within the first few weeks.

• Stay off social media or ensure strict privacy settings; insurers scour posts for evidence to undermine your claim.

Time is not on your side. Evidence fades, witnesses relocate, and insurers sharpen their defenses. Don’t jeopardize your recovery.

If you’ve been injured in Texas, call Louis Law Group at 833-657-4812 for a free case evaluation. Let our dedicated Frisco accident attorneys fight for the compensation you deserve.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Every case is unique; consult a qualified Texas-licensed attorney about your specific situation.