Guide to Texas Personal Injury Law in Houston

11 min read

Introduction: Why Every Injured Houstonian Needs to Understand Texas Personal Injury Law

Houston consistently ranks among the nation’s busiest metro areas for traffic, industrial work, and commercial activity. Unfortunately, the city’s growth also brings a higher risk of auto collisions on I-45, slips in crowded retail centers, refinery accidents along the Ship Channel, and other harmful events. If you or a loved one is hurt, knowing your rights under Texas personal injury law can make a life-changing difference. This guide—written from the perspective of protecting injured individuals—explains how Texas statutes, local court rules, and insurance regulations apply to common claims such as car accidents, slip-and-falls, workplace injuries, defective products, and wrongful death cases.

Our goal is to arm you with clear, actionable steps so you can focus on healing while protecting your legal interests. Whenever you see the term “you,” it is directed at Houston residents who have suffered an injury and are wondering what to do next. The information below is evidence-based and drawn from the Texas Civil Practice and Remedies Code, the Texas Department of Insurance, recent appellate rulings, and local court procedures.

Understanding Texas Personal Injury Law

Statute of Limitations

Texas generally gives injured parties two years from the date of an accident to file a lawsuit (Tex. Civ. Prac. & Rem. Code §16.003). Miss this deadline and the court will almost certainly dismiss your claim, regardless of its merits. Certain exceptions apply—for example, claims by minors, or cases involving latent injuries discovered long after the incident. Do not rely on an exception without speaking to counsel because Texas courts strictly interpret filing deadlines.

Negligence and Comparative Fault

Most personal injury claims hinge on proving negligence: duty, breach, causation, and damages. Texas follows a modified comparative fault rule (Tex. Civ. Prac. & Rem. Code §33.001). You may recover damages if you are 50% or less at fault, but your award is reduced by your percentage of responsibility. If a jury finds you 51% or more at fault, you recover nothing. This is often called the “51% bar.” Insurance adjusters know this rule well and frequently argue that injured parties share blame; understanding your rights helps you push back against unfair fault apportionment.

Damages You May Recover

• Economic damages: medical bills, lost wages, rehabilitation costs, property damage.

• Non-economic damages: pain and suffering, mental anguish, loss of consortium.

• Exemplary (punitive) damages: possible when a defendant acted with fraud, malice, or gross negligence, but capped under Tex. Civ. Prac. & Rem. Code §41.008.

Common Types of Personal Injury Cases in Texas

1. Motor Vehicle Collisions

Houston drivers log millions of highway miles annually, and Harris County often leads the state in crash fatalities. To prove a car accident claim, you must show another driver violated a duty—speeding, texting, or running a red light—and that violation caused your injuries. Police reports, dash-cam video, and witness statements help establish breach and causation.

2. Slip-and-Fall and Premises Liability

Store owners, apartment managers, and public venues owe visitors a duty to fix or warn of hazards they knew or should have known about. Under Texas law, claimants must show the property owner had actual or constructive notice of the dangerous condition. Quick documentation—photographs of wet floors or broken handrails—often decides these cases.

3. Workplace Injuries

Unlike many states, Texas does not require employers to carry workers’ compensation. If your employer is a non-subscriber, you may file a negligence lawsuit directly, and the employer loses certain defenses (Tex. Lab. Code §406.033). If the employer carries workers’ comp, you typically must pursue benefits through the administrative system first.

4. Defective Products

Texas recognizes strict liability for manufacturing, design, or warning defects (Tex. Civ. Prac. & Rem. Code §82.001-.008). Injured consumers need not prove negligence—only that the product was unreasonably dangerous and caused injury while being used as intended. Expert testimony is crucial in illustrating design flaws.

5. Wrongful Death

Spouses, children, and parents may sue when negligence causes a loved one’s death (Tex. Civ. Prac. & Rem. Code §71.002-.004). Damages include lost earning capacity, mental anguish, and loss of companionship. A wrongful-death action must also be filed within two years.

Texas Legal Protections & Regulations You Should Know

Damage Caps in Medical Malpractice

Texas caps non-economic damages in medical malpractice cases at $250,000 per claimant against a physician or health-care provider, and $500,000 total against all providers (Tex. Civ. Prac. & Rem. Code §74.301). There is no cap on economic damages such as future medical care.

Insurance Rules Affecting Injury Claims

Texas is an at-fault state. You may file a liability claim against the responsible driver’s insurer, pursue your own insurer under uninsured/underinsured motorist coverage, or sue the at-fault party. The Texas Department of Insurance requires minimum auto coverage of 30/60/25 (Bodily Injury: $30,000 per person, $60,000 per accident; Property: $25,000). See the Texas Department of Insurance for current coverage rules.

Notable Court Rulings

• Garcia v. Pruski, 603 S.W.3d 648 (Tex. 2020) – Reiterated that landowners owe no duty to warn of “open and obvious” hazards.

• Roccaforte v. Jefferson County, 341 S.W.3d 919 (Tex. 2011) – Strict compliance with notice rules under the Texas Tort Claims Act is required before suing a governmental entity.

Steps to Take After an Injury in Houston

Seek Immediate Medical Care Even if you feel “fine,” adrenaline can mask injuries. Prompt treatment creates a medical record linking your injuries to the accident date. Report the Incident Call 911 for car crashes or serious injuries. For workplace incidents, notify your supervisor within 30 days (per Texas workers’ comp rules). Document the name and badge number of responding officers. Gather Evidence Photograph vehicles, hazards, weather conditions, and visible injuries. Collect contact info from witnesses. Preserve damaged products or torn clothing. In slip-and-fall cases, request incident reports before leaving the premises. Track Expenses and Symptoms Create a dedicated folder for medical bills, repair estimates, prescription receipts, and mileage to doctor appointments. Maintain a pain diary noting daily discomfort levels and emotional impacts. Notify Insurance—but Watch Your Words Texas insurers often require notice “as soon as practicable.” Provide basic facts; avoid recorded statements until you’ve spoken with counsel. Anything you say can be used to shift fault. Avoid Social Media Pitfalls Photos of you lifting groceries or attending events can be misconstrued to challenge your injury severity. Adjust privacy settings and think twice before posting.

When to Seek Legal Help in Texas

Some minor claims can be handled without an attorney, but many situations call for professional guidance:

• Severe injuries that require surgery, lengthy rehab, or result in permanent impairment.

• Disputes over fault—especially when an insurer alleges you are more than 51% responsible.

• Commercial vehicle, rideshare, or multi-vehicle collisions involving complex insurance layers.

• Workplace injuries where your employer is a non-subscriber to workers’ comp.

• Early settlement offers that feel low or require sweeping liability waivers.

Louis Law Group has a track record of standing up to powerful insurers and corporations across Texas. Our Houston-based attorneys investigate crashes, secure surveillance footage, consult with medical experts, and negotiate aggressively so clients can focus on recovery. We advance litigation costs and never charge a fee unless we recover compensation for you.

Local Resources & Next Steps for Houston Residents

Harris County District & County Courts – File personal injury suits exceeding $250,000 in the 11th, 61st, or 151st District Court, all located in downtown Houston. Texas Judicial Branch – Docket searches and self-help info. Houston Bar Association LegalLine – Free phone consultations the first and third Wednesdays of each month.

• Texas Department of Insurance Consumer Help Line: 1-800-252-3439.

Ready to protect your rights? If you or a family member has been injured in Houston, don’t navigate Texas injury law alone. Call Louis Law Group at 833-657-4812 for a free case evaluation today. Our attorneys are licensed in all Texas state courts and the Southern District federal courts. We operate on a contingency-fee basis—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. Consult a licensed Texas attorney about your specific situation.