Guide to Texas Personal Injury Law in Austin

Estimated reading time: 12 min read

Introduction: Know Your Rights After an Accident in Austin, Texas

Whether you were rear-ended on MoPac, slipped at a South Congress storefront, or suffered a workplace injury on an Austin construction site, understanding Texas personal injury law Austin residents rely on is vital. Injury claims are more than paperwork—they involve stringent deadlines, insurance negotiations, and Texas-specific rules that can directly affect your compensation. According to the Texas Department of Transportation, the Austin District recorded more than 19,000 traffic crashes in 2022—an average of 52 per day. Meanwhile, Emergency Medical Services report hundreds of slip-and-fall calls annually, especially in tourism-heavy downtown areas.

A personal injury claim is designed to make you “whole” again—covering medical bills, lost wages, pain, and sometimes punitive damages. However, insurance adjusters often minimize payouts, and defendants may allege you caused the accident. This comprehensive guide outlines what injured individuals in Austin must know about car accidents, premises liability, defective products, workplace injuries, and wrongful death claims. We’ll walk through Texas statutes, time limits, evidence tips, and the strategic advantages of hiring an experienced austin accident attorney. If you need immediate, personalized advice, call Louis Law Group at 833-657-4812 for a free case evaluation.

Understanding Texas Personal Injury Law

Statute of Limitations: The 2-Year Window

Under Tex. Civ. Prac. & Rem. Code §16.003, most personal injury actions must be filed within two years of the date the cause of action accrues. Miss this deadline and the court will almost certainly dismiss your case, no matter how compelling the facts. Exceptions are limited (e.g., certain product-liability claims discovered later or injuries to minors), so mark your calendar.

Negligence and the Burden of Proof

Texas requires the plaintiff to prove four elements:

• Duty: The defendant owed you a legal duty (drivers must follow traffic laws; property owners must maintain safe premises, etc.).

• Breach: The defendant violated that duty by acting or failing to act reasonably.

• Causation: The breach proximately caused your injuries—meaning foreseeability and a direct connection.

• Damages: You suffered compensable harm (medical bills, lost earnings, pain, etc.).

Modified Comparative Fault—51% Bar Rule

Texas follows a proportionate responsibility system (Tex. Civ. Prac. & Rem. Code §33.001). If you are 51% or more at fault, you recover nothing. If you are 50% or less at fault, your damages are reduced by your percentage of fault. For example, an award of $100,000 becomes $70,000 if you were 30% responsible.

Common Types of Personal Injury Cases in Texas

1. Motor Vehicle Collisions

The majority of Texas injury suits stem from auto, truck, motorcycle, bicycle, and pedestrian crashes. To succeed, you must show the other driver violated a duty—speeding on I-35, texting while driving, or ignoring right-of-way law. Police crash reports, traffic-cam footage, and smartphone data can serve as critical evidence.

2. Slip-and-Fall / Premises Liability

Texas property owners have a duty to correct or warn of dangerous conditions they knew or should have known about, such as wet floors or loose handrails. Surveillance video and incident reports often make or break these cases.

3. Workplace Injuries

Unlike many states, Texas does not require private employers to subscribe to workers’ compensation. Non-subscriber employers can be sued directly for negligence, often leading to higher damage awards because they lose certain legal defenses. If your employer does carry workers’ comp, benefits are typically your exclusive remedy—though third-party claims (e.g., defective equipment) may still be viable.

4. Defective Products

Under Texas product-liability law, manufacturers are strictly liable for injuries caused by design flaws, manufacturing defects, or inadequate warnings. Expert testimony and product testing are usually necessary. The statute of repose (15 years from sale) may also apply.

5. Wrongful Death & Survival Actions

The Texas Wrongful Death Act allows spouses, children, and parents to seek losses such as lost earning capacity, companionship, and mental anguish. A separate Survival Action lets the estate pursue the decedent’s own pain and medical expenses.

Texas Legal Protections & Regulations

Damage Caps

• Medical Malpractice: Non-economic damages are capped at $250,000 per physician and $500,000 overall per claimant (Tex. Civ. Prac. & Rem. Code §74.301).

• Punitive (Exemplary) Damages: Limited to the greater of (a) $200,000 or (b) two times economic damages plus non-economic damages up to $750,000 (§41.008).

• Government Defendants: Liability is capped at $250,000 per person and $500,000 per occurrence under the Texas Tort Claims Act.

Recent Court Rulings Affecting Injury Claims

Texas Supreme Court decisions like J&D Towing, LLC v. Am. Alternative Ins. Corp. (2016) have clarified recoverable damages (e.g., loss-of-use for personal vehicles). Meanwhile, the 2022 opinion in Hillis v. Heineman reinforced the need for expert testimony in medical causation disputes. Staying current on precedent helps your case avoid dismissal on evidentiary grounds.

Insurance Regulations

The Texas Department of Insurance (TDI) regulates carrier conduct. Under the Texas Insurance Code, insurers must acknowledge a claim within 15 calendar days and accept or reject it within 15 business days after receiving all items needed to evaluate the claim. Bad-faith denials may result in additional damages and attorney’s fees.

Steps to Take After an Injury

1. Seek Immediate Medical Treatment

Your health comes first, and prompt care creates contemporaneous records. Delayed treatment gives insurers ammunition to argue your injuries are minor or unrelated.

2. Preserve and Document Evidence

• Photograph the accident scene, visible injuries, and property damage.

• Gather contact information from witnesses.

• Secure surveillance footage—many Austin businesses overwrite video within days.

• Keep all medical bills, diagnostic images, and out-of-pocket expense receipts.

3. Notify Responsible Parties

Send written notice to property owners, employers, or drivers’ insurers. Under §74.051, medical malpractice suits require 60-day pre-suit notice with an expert report.

4. Avoid Common Pitfalls

• Do not give recorded statements without counsel.

• Pause social media: posts can be subpoenaed and used against you.

• Track mileage for medical visits—these costs are reimbursable.

When to Seek Legal Help in Texas

While minor fender-benders with no injuries may be handled pro se, most serious cases benefit from professional representation. A knowledgeable personal injury lawyer Texas residents trust will:

• Calculate full economic and non-economic damages, including future medical care.

• Navigate proportionate responsibility challenges.

• Negotiate hospital liens and health-insurance subrogation claims.

• File suit and manage discovery, depositions, and trial strategy.

Louis Law Group has recovered millions for Texans through aggressive negotiation and litigation. Our Austin-licensed attorneys prepare every case as though it will go before a Travis County jury—often driving higher settlements.

Local Resources & Next Steps

Texas Judicial Branch – Dockets, e-filing, and Travis County court information. Travis County Law Library & Self-Help Center – Forms and pro se guidance. Austin Bar Association Lawyer Referral – Low-cost consultations for qualifying residents.

Each resource can provide procedural assistance, but they cannot replace personalized, strategic representation.

Take Action Today

If you or a loved one was injured anywhere in the Austin metro, strict filing deadlines and evidence preservation rules are already ticking. Call Louis Law Group at 833-657-4812 for a free, no-obligation case evaluation. We operate on contingency: no fees unless we win.

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 lawyer for advice regarding your particular circumstances.