Galveston Personal Injury Guide: Know Your Texas Rights

Introduction: Why Galveston Residents Need a Dedicated Personal Injury Guide

Galveston, Texas is best known for its beaches, historic Strand District, and bustling Port of Galveston cruise terminal. Yet living and working in a coastal city also brings a steady flow of auto traffic on Interstate 45, heavy industrial activity in neighboring Texas City refineries, and weather-related hazards during hurricane season. These local conditions contribute to a measurable number of personal injuries every year—from vehicle collisions on Seawall Boulevard to slip-and-falls in busy tourist venues and maritime incidents at the port. When an accident is caused by someone else’s negligence, Texas law gives injury victims the right to pursue compensation for medical bills, lost wages, pain, and future expenses. This comprehensive guide is designed to help Galveston residents understand their legal rights under Texas personal injury law, comply with strict filing deadlines, and make informed choices about seeking legal representation.

Understanding Your Personal Injury Rights in Texas

Negligence and Duty of Care

At the heart of most personal injury cases is the concept of negligence—failing to use reasonable care, resulting in injury to another person. Under Texas common law and codified statutes, every driver, property owner, employer, and product manufacturer owes a duty of care to others. When that duty is breached, the wrongdoer becomes liable for resulting damages.

Statute of Limitations

Texas applies one of the nation’s shorter limitation periods. According to Texas Civil Practice and Remedies Code §16.003(a), a person must file most personal injury lawsuits within two years of the date the cause of action accrues—generally the date of the accident. Missing this deadline almost always bars recovery, so Galveston claimants must act quickly to preserve evidence and protect their rights.

Comparative Fault (Proportionate Responsibility)

Texas uses a modified comparative fault system set out in Texas Civil Practice and Remedies Code Chapter 33. A claimant may recover damages if his or her percentage of fault is not greater than 50%. Any award is reduced by the plaintiff’s percentage of fault. For example, if a jury finds you 20% responsible for a wreck on Broadway Avenue and total damages are $100,000, you may recover $80,000.

Available Damages

• Economic damages: medical expenses, rehabilitation, lost wages, loss of earning capacity.

• Non-economic damages: pain and suffering, mental anguish, physical impairment, disfigurement.

• Exemplary damages: possible under Texas Civil Practice and Remedies Code §41.003 when gross negligence, fraud, or malice is proven.

Texas caps certain damages in medical malpractice cases (see CPRC §74.301), but no statutory cap applies to most auto, premises, or general negligence claims.

Common Types of Personal Injury Cases in Texas

Motor Vehicle Collisions

According to Texas Department of Transportation data, Galveston County recorded hundreds of crashes annually, with a significant portion on I-45 causeway. High tourist traffic increases the risk of distracted driving and rental car accidents. Drunk driving remains a recurring problem on holiday weekends.

Premises Liability

From beachfront hotels to large retail outlets at Tanger Outlets in nearby Texas City, property owners must maintain reasonably safe conditions. Slip-and-fall claims frequently arise from wet floors, inadequate lighting, or broken handrails. Under Texas law, the injured party must prove the owner knew or should have known about the dangerous condition and failed to address it.

Maritime & Longshore Injuries

The Port of Galveston supports cruise lines, cargo vessels, and offshore supply boats. Maritime workers may be covered by the federal Jones Act, while longshore workers rely on the Longshore and Harbor Workers’ Compensation Act. Tourists injured on cruise ships must navigate complex contractual venue clauses—often requiring prompt written notice.

Industrial & Refinery Accidents

Just across the bay, Texas City houses large petrochemical plants. Explosions, toxic exposures, or equipment failures can injure employees and nearby residents. While workers’ compensation may apply, third-party claims against negligent contractors or equipment manufacturers can significantly increase available recovery.

Dog Bites & Animal Attacks

Texas follows the “one-bite” rule under common law, requiring proof that the dog’s owner knew or should have known the animal was dangerous. City of Galveston ordinances also mandate leash requirements, which, if violated, can support negligence per se allegations.

Storm-Related Injuries

Hurricanes and tropical storms create unsafe roadways, downed power lines, and conceal property hazards. Property owners who fail to secure premises before foreseeable severe weather may be liable for resulting injuries.

Texas Legal Protections & Injury Laws

Pleading & Discovery Rules

Texas Rules of Civil Procedure 47 requires plaintiffs to state the range of monetary relief sought. Early Rule 194 disclosures compel both sides to exchange witness lists, medical records, and relevant documents—helping Galveston victims evaluate settlement offers.

Insurance Bad Faith

When an insurance company unreasonably delays or denies a valid claim, Texas Insurance Code Chapter 541 allows policyholders to seek additional damages and attorney’s fees. Bad-faith claims often arise after storms or auto collisions where liability is clear but payment stalls.

Mandatory Auto Liability Coverage

Texas Transportation Code §601.072 sets minimum auto liability limits at $30,000 per injured person, $60,000 per accident, and $25,000 for property damage (the “30/60/25” rule). Unfortunately, serious injuries frequently exceed these limits, underscoring the importance of uninsured/underinsured motorist (UM/UIM) coverage.

Attorney Licensing & Ethical Rules

Texas personal injury lawyers must be licensed by the State Bar of Texas and comply with the Texas Disciplinary Rules of Professional Conduct. Contingency fee agreements must be in writing and signed by the client (Rule 1.04).

Steps to Take After a Personal Injury in Texas

Seek Immediate Medical Care Visit a physician or emergency facility such as UTMB Health Galveston Campus. Prompt treatment protects your health and documents causation. Report the Incident Call Galveston Police Department for auto accidents, or notify a property manager for premises incidents. Obtain a copy of the crash report (Form CR-3) or incident report. Preserve Evidence Photograph injuries, vehicle damage, and hazardous conditions. Save medical bills and wage statements. Texas allows spoliation sanctions if evidence is destroyed after a duty to preserve attaches. Notify Insurance—But Be Cautious You must promptly report accidents to benefit from coverage. Give only factual statements; avoid speculative comments. Insurers may record calls and use admissions to minimize payouts. Calculate Filing Deadlines Mark the two-year anniversary on your calendar. Exceptions exist (e.g., minors, fraudulent concealment), but relying on them can be risky without legal advice. Consult a Qualified Attorney Early representation helps secure evidence, coordinate medical care on liens, and negotiate with insurers.

When to Seek Legal Help in Texas

While minor, clear-liability fender-benders may settle without counsel, Galveston residents should seriously consider hiring a personal injury lawyer galveston texas when any of the following applies:

• Severe or permanent injuries such as traumatic brain injury or spinal damage.

• Disputed liability or multiple responsible parties (e.g., multi-car pileups on the causeway).

• Commercial or government defendants with substantial legal resources.

• Insurance limits disputes or UM/UIM claims.

• Bad-faith denial or undervaluation of claims.

Texas contingency fees typically range from 33⅓% to 40% of the recovery, and most firms, including Louis Law Group, advance litigation expenses, collecting reimbursement only if they win compensation.

Local Resources & Next Steps for Galveston Victims

Courthouse and Filing Information

Most personal injury suits arising in Galveston are filed in the 56th, 212th, or 405th Judicial District Courts located at 600 59th Street, Galveston, TX 77551. Cases under $250,000 may proceed in Galveston County Court at Law. Electronic filing (e-file Texas) is mandatory for attorneys.

Medical & Rehabilitation Facilities

• UTMB Health Jennie Sealy Hospital (Level I trauma-capable services)

• Shriners Children’s Texas for pediatric burn and orthopedic care

• TIRR Memorial Hermann outpatient rehab (nearby in League City)

Consumer & Government Help

To check an insurance company’s license status or file a complaint, visit the Texas Department of Insurance. For lawyer referrals, the State Bar of Texas Lawyer Referral Service can connect you with attorneys in Galveston County.

Frequently Asked Questions

How long do I have to file a claim?

Generally two years from the accident date under CPRC §16.003. Some maritime, federal tort, and government claims have shorter notice deadlines.

What if the other driver was uninsured?

You may pursue benefits under your own UM/UIM policy. Texas law requires insurers to offer UM/UIM; policyholders must reject it in writing under Texas Insurance Code §1952.101.

Will I have to go to court?

Most personal injury cases settle before trial through negotiation or mediation. However, preparing as if trial will occur typically maximizes settlement value.

Legal Disclaimer

This article is for informational purposes only and does not constitute legal advice. Every case is unique. You should consult a licensed Texas attorney regarding your specific situation.

If you were injured due to someone else's negligence, call Louis Law Group at 833-657-4812 for a free case evaluation and legal consultation.