Guide to Texas Personal Injury Law in Dallas

11 min read

Introduction: Why Understanding Texas Personal Injury Law Matters in Dallas

Thousands of accidents occur on Dallas roadways, sidewalks, construction sites, and retail properties every year. Whether you were rear-ended on I-35E, slipped on a wet floor at a Deep Ellum venue, or suffered a catastrophic workplace injury in the Design District, knowing your rights under Texas personal injury law is critical. Texas follows a fault-based system, meaning the person or business whose negligence caused your harm is generally responsible for your losses. Yet insurance adjusters often move quickly to limit payouts. This guide is designed for injured Dallas residents who need straightforward, actionable information about filing claims, meeting deadlines, and maximizing compensation for medical bills, lost wages, pain and suffering, and more.

Below, you will find:

• The two-year statute of limitations and other key deadlines

• Texas’s modified comparative fault rule (51 percent bar)

• Examples of common Dallas injury claims—from auto collisions on Central Expressway to defective product cases involving local retailers

• Recent court decisions that influence settlement value and trial strategies

• Step-by-step instructions on documenting evidence, notifying insurers, and preserving your legal rights

• When to involve an experienced Dallas accident attorney and how Louis Law Group can help

Understanding Texas Personal Injury Law

Statute of Limitations: Two Years for Most Claims

Under Texas Civil Practice & Remedies Code §16.003, you generally have two years from the date of injury to file a lawsuit. Miss the deadline, and courts will likely dismiss your case with prejudice. Exceptions exist—such as the discovery rule for latent injuries or a tolling period for minors—but these are narrowly construed. Consult counsel immediately to calculate the exact filing date.

Negligence and Burden of Proof

To prevail, a plaintiff must establish four elements by a preponderance of the evidence:

• Duty – The defendant owed a legal duty of care (e.g., motorists must drive safely, property owners must fix hazards).

• Breach – That duty was breached through action or inaction.

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

• Damages – Verifiable economic or non-economic losses resulted.

Modified Comparative Fault (51 Percent Bar Rule)

Texas applies modified comparative fault under CPRC §33.001–33.017. Your damages are reduced by your percentage of responsibility. If you are 51 percent or more at fault, you recover nothing. For example, a jury award of $100,000 to an injured driver found 20 percent responsible is reduced to $80,000.

Damages Available

• Economic: Medical expenses (past and future), lost wages, loss of earning capacity, property damage.

• Non-economic: Pain and suffering, mental anguish, physical impairment, loss of consortium.

• Exemplary (punitive): Only when the plaintiff proves by clear and convincing evidence that the defendant acted with malice, fraud, or gross negligence. Texas caps exemplary damages at the greater of $200,000 or twice the economic damages plus the amount equal to non-economic damages up to $750,000 (CPRC §41.008).

Common Types of Personal Injury Cases in Dallas, Texas

1. Auto and Truck Collisions

Dallas’s busy interstates and suburban sprawl lead to frequent vehicle accidents. The Texas Department of Transportation reported over 32,000 crashes in Dallas County in 2022 alone. Proving negligence may involve police reports, traffic camera footage, Event Data Recorder downloads, and expert accident reconstruction. Commercial truck cases often invoke Federal Motor Carrier Safety Regulations and multiple potential defendants—driver, carrier, maintenance contractor.

2. Slip, Trip & Fall (Premises Liability)

Under CPRC §75.002, property owners must maintain reasonably safe conditions. Plaintiffs must show the owner knew or reasonably should have known of the hazard (e.g., liquid spills at a Bishop Arts café) and failed to correct or warn in a timely manner.

3. Workplace Injuries

Texas is unique because private employers are not required to carry workers’ compensation. If your non-subscriber employer opts out, you may file a negligence lawsuit without the usual workers’ comp limitations. Even when covered, third-party claims (against equipment manufacturers or negligent subcontractors) can supplement benefits.

4. Defective Products

Texas follows strict liability for manufacturing defects, design defects, and marketing defects (failure to warn). Plaintiffs may sue designers, manufacturers, distributors, and retailers. Strict liability eliminates the need to prove negligence but requires showing the product was unreasonably dangerous and caused injury while being used as intended.

5. Wrongful Death & Survival Actions

When negligence causes fatal injuries, eligible family members may bring a wrongful-death action (CPRC §71.002). Concurrently, the decedent’s estate may pursue a survival claim for damages the decedent could have claimed if alive. The statute of limitations remains two years from death, not injury date.

Texas Legal Protections & Recent Regulations

Damage Caps in Medical Malpractice

Since House Bill 4 (2003), non-economic damages in medical-negligence cases are capped at $250,000 per claimant against physicians and an additional $250,000 per claimant (up to $500,000 aggregate) against healthcare facilities (CPRC §74.301). Economic damages remain uncapped.

Vehicular Crash Trends in Dallas

According to Dallas Vision Zero data, pedestrian fatalities rose 14 percent between 2018 and 2022. The city has prioritized intersection redesigns, yet inattentive driving and speeding remain leading causes. These trends often bolster negligence allegations because they underscore foreseeability of harm.

Recent Court Rulings Affecting Injury Claims

• In re Allstate Indemnity Co. (Tex. 2021) – Clarified discoverability of insurer claim-handling materials, making it easier for plaintiffs to obtain adjuster notes in bad-faith cases.

• Crofford v. Smith (5th Dist. Dallas 2022) – Affirmed that social-media posts depicting post-accident activities are admissible but must be authenticated, reminding plaintiffs to monitor online presence.

• Cameron Int’l Corp. v. Martinez (Tex. 2019) – Strengthened the standard for design-defect claims, requiring “safer alternative design” proof to be technologically and economically feasible at the time of manufacture.

Insurance Regulations

The Texas Department of Insurance (TDI) oversees auto liability minimums: $30,000 per injured person, $60,000 per accident, and $25,000 property damage (30/60/25). Many Dallas drivers remain underinsured; therefore, carrying UM/UIM coverage is advisable.

Steps to Take After an Injury in Dallas

1. Seek Immediate Medical Care

Even if symptoms seem minor, adrenaline can mask serious injuries. Prompt treatment creates critical documentation linking harm to the incident.

2. Report the Incident

• Auto collisions: Call 911 and request a CR-3 crash report.

• Premises accidents: Notify the property manager and obtain an incident report.

• Workplace injuries: File Form DWC-041 with the Division of Workers’ Compensation (if employer subscribes).

3. Preserve Evidence

• Photograph the scene, injuries, and property damage from multiple angles.

• Collect witness names, phone numbers, and statements.

• Retain damaged products, torn clothing, or defective machinery for expert testing.

4. Keep a Pain Journal

Document daily pain levels, mobility limitations, and emotional distress. Juries and adjusters often rely on contemporaneous notes to value non-economic damages.

5. Notify Insurers but Limit Recorded Statements

You must give timely notice under policy terms, yet you are not required to provide a recorded statement without counsel. Politely decline until you speak to a personal injury lawyer Texas residents trust.

6. Calculate Damages and Future Costs

Serious injuries may involve lifelong care. Vocational experts, economists, and life-care planners can quantify future expenses, strengthening negotiation leverage.

When to Seek Legal Help in Texas

While minor fender-benders might be resolved through small claims court, most injury victims benefit from counsel when:

• Liability is disputed or multiple parties are involved.

• Your injuries are severe, require surgery, or prevent you from working.

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

• Statutory deadlines are approaching.

• A government entity is involved, triggering additional notice requirements (Tex. Tort Claims Act).

Louis Law Group’s Dallas office combines aggressive negotiation with trial-ready preparation. Our attorneys understand local courts—from Dallas County Court at Law No. 1 to the U.S. District Court, Northern District of Texas. We advance litigation costs and only get paid if we secure compensation. We also maintain relationships with medical specialists who treat on liens, ensuring you receive care immediately.

Local Resources & Next Steps

Texas Courts Portal – Search case filings and court addresses. State Bar of Texas Lawyer Referral – Verify attorney licenses and disciplinary history.

• Dallas Volunteer Attorney Program – Free legal aid for low-income residents (contact 214-742-5768).

Insurance Questions? Visit the Texas Department of Insurance Consumer Help Center.

If you’ve been injured in Texas, call Louis Law Group at 833-657-4812 for a free, no-obligation case evaluation. Don’t let insurers dictate your future—protect your rights today.

Legal Disclaimer

This guide is for informational purposes only and does not create an attorney-client relationship. Statutes and case law change; consult a licensed Texas attorney about your specific situation.