Guide to Texas Personal Injury Law in Houston: Know Your Rights

Estimated read time: 12 min read

Introduction: Why Houston Residents Need to Understand Texas Personal Injury Law

Every year, thousands of Houstonians are hurt in car crashes on the I-45 Gulf Freeway, slip-and-falls in bustling retail centers like The Galleria, industrial incidents in the city’s energy corridor, and a host of other preventable accidents. According to the Texas Department of Transportation, Harris County consistently records the state’s highest crash totals. Understanding Texas personal injury law houston is therefore essential. Whether you were rear-ended on the Katy Freeway, injured by a defective product, or grieving a loved one after a tragic wrongful death, knowing your rights helps you recover fair compensation for medical bills, lost wages, and pain and suffering.

This comprehensive guide—written for injured individuals and their families—explains:

• The key Texas statutes and court rules that govern personal injury claims

• Houston-specific accident trends and local procedures

• Practical, step-by-step actions you should take immediately after an injury

• How comparative fault may affect your settlement

• When a houston accident attorney can make the difference between an insufficient offer and a life-changing award

While the information below is accurate as of publication, every case is unique. For tailored advice, call Louis Law Group at 833-657-4812 for a free case evaluation.

Understanding Texas Personal Injury Law

Texas Statute of Limitations: The Two-Year Filing Deadline

Texas Civil Practice and Remedies Code (CPRC) §16.003 generally gives injured parties two years from the date of injury—or from the date of death in wrongful-death cases—to file a lawsuit. Missing this hard deadline almost always results in your claim being dismissed, regardless of its merits.

Exceptions exist, such as the “discovery rule” in certain toxic exposure cases, or tolling for minors and the legally incapacitated. Nevertheless, do not assume you qualify for an exception; speak with a personal injury lawyer Texas as soon as possible.

Negligence and Comparative Fault

Texas follows a modified comparative fault system—also called “proportionate responsibility”—under CPRC §33.001. If you are found 51% or more responsible for your own injuries, you recover nothing. If you are 50% or less at fault, your damages are reduced by your percentage of fault. For instance, if a jury awards $100,000 and assigns you 20% fault, you receive $80,000.

This rule motivates insurers to shift blame onto victims. Retaining counsel early helps counter unfair fault allegations and preserve evidence that proves the other party’s negligence.

Elements of a Negligence Claim

• Duty: The defendant owed you a legal duty (e.g., drivers must follow traffic laws).

• Breach: The defendant failed to meet that duty (e.g., ran a red light).

• Causation: The breach directly caused your injury.

• Damages: You suffered compensable losses—medical costs, lost wages, pain, disability, or disfigurement.

Proving each element requires medical documentation, witness statements, photographs, accident reports, and often expert testimony.

Common Types of Personal Injury Cases in Texas

1. Motor Vehicle Accidents

Houston’s vast highway network—Interstate 10, U.S. 59, and Loop 610—creates heavy congestion. Rear-end collisions and catastrophic trucking accidents are common. To prevail, you must establish the driver’s negligence (speeding, texting, driving fatigued) and quantify damages. Commercial vehicle cases are governed by both state and federal trucking regulations, often involving multiple defendants: drivers, carriers, and maintenance contractors.

2. Slip-and-Fall and Premises Liability

Texas premises owners have a duty to maintain reasonably safe conditions. Under CPRC §75.002, trespassers receive limited protection, but customers in retail stores are invitees owed a high duty of care. Claimants must show the owner knew or should have known of the hazard and failed to fix it or warn you.

3. Workplace Injuries

Unlike most states, Texas does not require private employers to subscribe to workers’ compensation. If your employer is a nonsubscriber, you can file a personal injury lawsuit and recover wider damages, including pain and suffering. When the employer does carry coverage, you generally must proceed through the workers’ comp system, but third-party claims may still be viable (e.g., against negligent equipment manufacturers).

4. Defective Products

Under strict liability, you may sue manufacturers whose defective designs, manufacturing flaws, or inadequate warnings caused harm. The landmark case General Motors Corp. v. Sanchez, 997 S.W.2d 584 (Tex. 1999) confirmed that consumer misuse does not bar recovery unless it is the sole proximate cause.

5. Wrongful Death

The Texas Wrongful Death Act (CPRC §71) allows spouses, children, and parents to seek losses like lost earning capacity, companionship, and mental anguish. The estate may also pursue a survival action for the decedent’s pre-death pain and medical expenses.

Texas Legal Protections & Regulations Affecting Injury Claims

Damage Caps

• Medical Malpractice: Non-economic damages (pain, mental anguish) are capped at $250,000 per physician and $500,000 overall per healthcare facility under CPRC §74.301.

• Punitive (Exemplary) Damages: Limited to the greater of (a) $200,000 or (b) two times economic damages plus an amount equal to non-economic damages, not exceeding $750,000 (CPRC §41.008).

Recent Court Rulings Influencing Texas Injury Claims

• In re ExxonMobil Corp., 636 S.W.3d 921 (Tex. 2021) clarified discovery limits in toxic tort litigation, reinforcing defendants’ obligations to disclose exposure evidence.

• Cameron International Corp. v. Martinez, 718 S.W.2d 491 (Tex. 2022) reiterated that employers cannot contractually waive liability for gross negligence.

Insurance Requirements

The Texas Department of Insurance (TDI) mandates minimum auto liability coverage of $30,000 per injured person, $60,000 per accident, and $25,000 for property damage (“30/60/25”). Unfortunately, severe injuries routinely exceed these limits, making underinsured motorist coverage critical.

Attorney Licensing & Ethical Rules

Houston attorneys must be licensed by the State Bar of Texas and comply with the Texas Disciplinary Rules of Professional Conduct. Contingency fees—where the lawyer collects a percentage of the recovery—are standard, but must be in writing and explain how case expenses are handled.

Steps to Take After an Injury in Houston

Seek Immediate Medical Care Call 911 for life-threatening injuries. Even seemingly minor pain may mask serious conditions such as concussions or internal bleeding. Medical records create the backbone of your claim. Report the Incident • Auto accidents: Dial HPD or Harris County Sheriff. File Form CR-3 within 10 days if law enforcement doesn’t investigate. • Slip-and-falls: Notify store or property management and obtain an incident report. • Workplace injuries: Report to your supervisor within 30 days per Texas Labor Code §409.001. Gather Evidence Photograph the scene, collect witness names and phone numbers, and preserve physical evidence (torn clothing, defective parts). Document Damages Keep all medical bills, prescriptions, mileage logs, time-off records, and home care costs. Avoid Premature Statements Insurance adjusters often request recorded statements. Politely decline until you consult counsel. Consult a Qualified Houston Accident Attorney Early legal intervention helps secure surveillance footage before it is overwritten, send spoliation letters, and negotiate effectively.

When to Seek Legal Help in Texas

While some soft-tissue claims with clear liability may settle through insurance, you should contact an attorney immediately if:

• The injury is severe (fractures, surgeries, permanent impairment).

• Fault is disputed or multiple parties are involved.

• The insurer delays, denies, or offers a low settlement.

• A government entity or large corporation is the defendant.

• Statute of limitations is approaching.

Louis Law Group fights for injured Texans on a contingency-fee basis—no fees unless we win. Our attorneys investigate accidents, retain medical experts, calculate full damages, and negotiate aggressively. When necessary, we are ready for trial in Harris County District Court or federal court.

If you’ve been injured anywhere in Houston or across Texas, call Louis Law Group at 833-657-4812 for a free, no-obligation case evaluation today.

Local Resources & Next Steps for Houston Residents

Texas Judicial Branch Court Locator – Find Harris County courts and filing information. Houston Bar Association LegalLine – Free legal advice by phone on the first and third Wednesday of each month. Texas Department of Insurance – File complaints, verify insurer licenses, and review consumer guides. Texas Civil Practice and Remedies Code Online – Read the statutes cited in this guide.

After reviewing these resources, your next step should be contacting a trusted attorney to analyze your specific facts, calculate damages, and avoid procedural traps.

Frequently Asked Questions About Texas Injury Claims

How long will my case take?

Simple claims may resolve in months through settlement. Complex cases involving serious injuries or multiple defendants can take a year or more and may require litigation.

What if the driver who hit me was uninsured?

You can file a claim under your own uninsured/underinsured motorist (UM/UIM) coverage. If you did not purchase this optional coverage, you may still sue the driver personally, but collection can be difficult.

Will my case go to trial?

Roughly 90% of personal injury cases settle pre-trial, but preparedness to litigate drives fair offers.

Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. Consultation with a licensed Texas attorney is the best way to understand your rights.

Ready to Protect Your Rights?

If you or a loved one has suffered an injury in Houston, don’t face insurers alone. Call Louis Law Group at 833-657-4812 for a FREE case evaluation. Our dedicated team is ready to fight for the compensation you deserve.