Guide to Texas Personal Injury Law in Dallas | Know Your Rights

12 min read

Introduction: Why Dallas Residents Must Understand Texas Personal Injury Rights

Every year thousands of Dallas residents are hurt in car crashes along I-35E, slip-and-falls in Deep Ellum restaurants, construction accidents near Uptown high-rises, and other traumatic events. The medical bills, lost wages, and emotional strain can feel overwhelming. Texas law does empower injured people to seek compensation, but the process is governed by strict deadlines and detailed rules. This comprehensive guide—written with injured victims in mind—explains how Texas personal injury law works, what deadlines apply, and the precise steps you can take today to protect your claim.

We cover:

Key Texas statutes, including the two-year statute of limitations (Tex. Civ. Prac. & Rem. Code §16.003).

• The proportionate responsibility (comparative fault) rule and the 51% bar.

• Actionable checklists after auto collisions, slip-and-falls, workplace injuries, defective products, and wrongful death.

• Recent court decisions that shape settlement value in Dallas County.

Local resources—from the Texas Department of Insurance to the Dallas County Courthouse—that can accelerate your case.

Legal Disclaimer: This guide provides general information about Texas law. It is not legal advice and does not create an attorney-client relationship. Always consult a licensed Texas personal injury attorney about your unique situation.

Understanding Texas Personal Injury Law

Statute of Limitations: Why the Two-Year Clock Matters

The majority of Texas personal injury lawsuits must be filed within two years from the date of injury (Tex. Civ. Prac. & Rem. Code §16.003). If the complaint is not on file by the second anniversary, courts will almost always dismiss the case—no matter how severe your injuries. Limited exceptions exist for minors, latent injuries, or fraudulent concealment, but Dallas claimants should never rely on exceptions. Document your injury date, set calendar reminders, and speak with counsel quickly to avoid forfeiting your rights.

Negligence and the Elements You Must Prove

Most personal injury cases rest on a negligence theory. You, as the plaintiff, bear the burden of proving four elements by a preponderance of the evidence:

• Duty – The defendant owed you a legal duty (e.g., drivers must operate vehicles safely; store owners must keep floors reasonably clear).

• Breach – The defendant failed to meet that duty.

• Causation – The breach was a proximate cause of your injuries.

• Damages – You suffered actual losses (medical bills, wage loss, pain, etc.).

Comparative Fault: Texas 51% Bar Rule

Texas follows a modified comparative negligence system codified at Tex. Civ. Prac. & Rem. Code Chapter 33. If you are 50% or less at fault, your award is reduced by that percentage. If you are 51% or more at fault, you recover nothing. Insurance adjusters use this rule aggressively, so clear evidence—photos, witness statements, black-box data—can make the difference between partial and full recovery.

Available Damages

• Economic: past and future medical expenses, lost earnings, loss of earning capacity, property damage.

• Non-Economic: pain, mental anguish, disfigurement, loss of consortium.

• Exemplary (Punitive): available when defendant’s conduct is malicious or grossly negligent. Subject to caps under Tex. Civ. Prac. & Rem. Code §41.008 (generally the greater of $200,000 or two times economic plus the same amount of non-economic up to $750,000).

• Medical Malpractice Caps: Non-economic damages are capped at $250,000 per physician & $500,000 overall as per §74.301.

Common Types of Personal Injury Cases in Dallas, Texas

1. Auto and Truck Accidents

With major arteries like I-30, US-75, and the Dallas North Tollway, collisions are inevitable. To prove liability you need evidence of traffic law violations, driver distraction, or FMCSA hours-of-service violations for commercial trucks. Collect police crash reports, dash-cam footage, and medical records immediately.

2. Slip-and-Fall / Premises Liability

Texas courts require plaintiffs to show the property owner knew or should have known about the dangerous condition and failed to fix or warn. Time-stamped surveillance videos and incident reports are crucial. The Dallas Court of Appeals in Brookshire Grocery Co. v. Goss (No. 05-19-00723-CV, 2020) reaffirmed this strict notice requirement.

3. Workplace and Construction Injuries

Texas is unique: private employers may opt out of the state workers’ compensation system. If your employer is a “non-subscriber,” you can sue for negligence, and the company loses certain defenses such as contributory negligence. OSHA logs and coworker statements often tilt the scales in your favor.

4. Defective Products

Dallas is home to distributors and tech manufacturers. Under strict liability, you must prove the product was unreasonably dangerous and reached you without substantial change. Keep the product, serial numbers, and receipts intact.

5. Wrongful Death

When negligence causes death, surviving spouses, children, and parents may sue under Tex. Civ. Prac. & Rem. Code §71.002. The statute of limitations is still two years, but it starts on the date of death. Additional damages for loss of companionship and mental anguish apply.

Key Texas Legal Protections & Recent Court Rulings

Damage Caps and Constitutional Challenges

Texas Supreme Court decisions like Simpson v. Christus have consistently upheld non-economic caps in medical malpractice cases. However, non-med-mal personal injury cases have no cap on pain and suffering in Texas, unlike some neighboring states.

Pre-Suit Notice Requirements

Certain cases—medical negligence, claims against governmental units—require written notice well before filing suit. For example, the Texas Tort Claims Act demands notice within six months or sooner if local rules (e.g., Dallas City Charter) impose tighter deadlines.

Digital Evidence and Spoliation Sanctions

The 2022 Texas Supreme Court ruling in Brookshire Brothers v. Aldridge affirmed harsh sanctions for destroying video evidence. Injured parties should send a spoliation letter early, warning the defendant to preserve all footage and electronic data.

Step-by-Step Checklist After a Dallas Injury

1. Seek Immediate Medical Care

Even if pain seems minor, delayed onset injuries—like concussions or internal bleeding—are common. Visiting an ER or urgent care also creates the medical records insurers demand.

2. Report and Document the Incident

• For car wrecks, call Dallas PD or Texas DPS and obtain the CR-3 crash report.

• For premises injuries, insist the manager draft an incident report and provide you a copy.

• Photograph the scene, vehicle positions, spill substances, or defective tools before they change.

3. Identify Witnesses

Collect names, phone numbers, and email addresses. Independent witnesses strengthen credibility more than friends or family.

4. Preserve Physical and Digital Evidence

Keep damaged clothing, broken devices, or defective products in a sealed bag. Back up dash-cam and phone videos to the cloud. Send a written spoliation letter to all potential defendants within days.

5. Notify the Insurer—but Carefully

Texas insurance policies often require “prompt” notice. Provide basic facts only. Decline recorded statements until you consult counsel. Adjusters are trained to elicit comments that imply fault.

6. Track Expenses and Lost Income

Store all receipts, Explanation of Benefits (EOBs), prescription costs, and payroll stubs in a dedicated folder or secure drive.

7. Consult a Qualified Dallas Personal Injury Attorney

An attorney negotiates with insurers, hires experts, files suit if needed, and ensures deadlines are met. Louis Law Group offers free case evaluations and works on a contingency fee—no fees unless you recover.

When to Seek Legal Help in Texas

Not every minor fender-bender needs counsel, but you should hire a personal injury lawyer when:

• Liability is disputed or multiple parties are involved (e.g., rideshare crashes, multi-vehicle pileups).

• Injuries are more than soft-tissue—fractures, surgeries, traumatic brain injuries (TBI), or permanent scarring.

• The insurer denies or delays your claim.

• The at-fault driver carried minimum limits ($30,000 bodily injury) and your losses exceed coverage.

• The defendant is a governmental entity, hospital, or large corporation with complex notice rules.

How Louis Law Group Helps:

• Free, no-obligation consultation—call 833-657-4812 24/7.

• Independent investigation using accident reconstructionists and medical experts.

• Negotiation that reflects Dallas jury verdict trends and medical cost projections.

• If needed, aggressive litigation in Dallas County Courts or the United States District Court for the Northern District of Texas.

Local Resources & Next Steps for Dallas Claimants

Texas Department of Insurance – Auto and Health Claim Consumer Help Texas Judicial Branch – Find County and District Courts Dallas Bar Association – Lawyer Referral & Pro Bono Programs

• Dallas County Civil & Family Courts Facility, 600 Commerce St., Dallas, TX 75202 – File lawsuits & access public court records.

• UT Southwestern Medical Center – Level I trauma center for follow-up care.

Still Unsure? Navigating Texas injury claims alone can jeopardize compensation. Evidence disappears, memories fade, and insurance companies have teams of adjusters protecting their bottom line.

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