Houston Guide to Texas Personal Injury Law

13 min read

Introduction: Why Understanding Your Rights Matters in Houston, Texas

Houston is the beating heart of Harris County, the most populous county in Texas and one of the busiest transportation hubs in the United States. According to 2022 crash data from the Texas Department of Transportation, Harris County recorded more than 118,000 motor-vehicle collisions—an average of 323 crashes every single day. Add thousands of workplace incidents in the petrochemical sector, slip-and-fall injuries in the Galleria’s retail corridors, and product-related accidents across the city, and it becomes clear why injured Houstonians need reliable guidance.

This comprehensive guide explains how Texas personal injury law applies specifically to residents of the Bayou City. Whether you were rear-ended on I-10, hurt by defective industrial equipment in Deer Park, or grieving the wrongful death of a loved one after an unsafe premises accident downtown, understanding your legal options is essential to safeguarding your health and financial stability. Below you will find:

• The two-year statute of limitations in Texas and why acting quickly is critical.

• How Texas’s modified comparative fault system impacts settlement value.

• Actionable, step-by-step instructions—from medical treatment to filing suit—written from the perspective of protecting injured individuals.

• Local Houston resources, including court addresses and consumer-friendly agencies.

Remember: insurance companies have adjusters and defense attorneys working for them. To level the playing field, many injured victims choose experienced counsel like Louis Law Group. If you have questions after reading, call 833-657-4812 for a free case evaluation.

Understanding Texas Personal Injury Law

1. Statute of Limitations

The basic deadline for filing most personal injury lawsuits in Texas is two years from the date of injury. This rule is set out in Texas Civil Practice & Remedies Code § 16.003. Missing the limitation period generally means your claim is forever barred, regardless of merit, so mark your calendar immediately.

• Wrongful death: two years from the date of death (§ 16.003(b)).

• Claims against Texas governmental units: notice must be given within six months under the Texas Tort Claims Act (§ 101.101) in addition to the two-year filing deadline.

• Medical malpractice: two years, but the discovery rule and pre-suit notice requirements can shorten practical timelines.

2. Negligence & the Elements of Proof

Almost every personal injury case—car wrecks, slippery grocery aisles, unsafe machinery—hinges on proving four elements:

• Duty: a legal obligation (e.g., drivers must operate safely).

• Breach: failure to meet that duty (speeding, failing to mop a spill).

• Causation: the breach caused the injury (actual cause and proximate cause).

• Damages: quantifiable losses (medical bills, lost wages, pain).

3. Modified Comparative Fault (Proportionate Responsibility)

Texas follows a 51 percent bar rule under § 33.001–33.017. If you are 51 percent or more at fault, you recover nothing. If you are 50 percent or less at fault, your damages are reduced by your percentage of fault. Example: A jury finds you 20 percent responsible for a collision. A $100,000 verdict becomes $80,000.

4. Types of Damages Available

• Economic: medical expenses, lost wages, property damage.

• Non-economic: pain, mental anguish, physical impairment.

• Exemplary (punitive): awarded only when the defendant acted with malice or gross negligence. Capped under § 41.008 to the greater of $200,000 or twice economic plus non-economic up to $750,000.

Common Types of Personal Injury Cases in Texas

1. Auto & Truck Accidents

Houston’s vast freeway network and heavy 18-wheeler traffic contribute to thousands of injury crashes each year. Plaintiffs must show the other driver (or trucking company) breached a duty—speeding, texting, hours-of-service violations—and directly caused injury. Federal Motor Carrier Safety Regulations often supplement Texas negligence law in commercial cases.

2. Slip, Trip & Fall (Premises Liability)

Property owners owe invitees (shoppers, tenants, customers) a duty to keep their premises reasonably safe and to warn of hidden hazards they know or should know about. Key evidence includes incident reports, surveillance footage, and cleaning logs. The Texas Supreme Court’s decision in Brookshire Grocery Co. v. Aldridge, 438 S.W.3d 9 (Tex. 2014), confirms that plaintiffs must show the owner had actual or constructive knowledge of the dangerous condition.

3. Workplace & Industrial Injuries

Texas is unique—employers may opt out of the state workers’ compensation system. If your employer subscribes, workers’ comp is generally the exclusive remedy. If your employer nonsubscribes, you may file a negligence action without the typical fault defenses. Additional third-party claims may exist against equipment manufacturers, contractors, or premises owners.

4. Defective Products

Under strict products liability, injured consumers need not prove negligence—only that a product was unreasonably dangerous when it left the manufacturer and that the defect caused injury. Houston juries have returned substantial verdicts for faulty vehicle airbags, defective medical devices, and contaminated food products.

5. Wrongful Death & Survival Claims

Wrongful death actions compensate surviving spouses, parents, and children for losses such as funeral expenses, loss of consortium, and household services, while survival claims allow the estate to recover damages the decedent could have claimed. Both are governed by § 71.001–71.012.

Texas Legal Protections & Recent Court Rulings

1. Damage Caps in Medical Negligence

Non-economic damages are capped at $250,000 per physician and $250,000 per health-care institution, not to exceed $500,000 overall (§ 74.301). Economic damages—actual medical bills, lost wages—are not capped.

2. The Texas Tort Claims Act

When the City of Houston or Harris County is responsible (e.g., unsafe road design, negligent operation of a government vehicle), liability is limited to $250,000 per person and $500,000 per occurrence for bodily injury (§ 101.023).

3. 2021–2023 Appellate Trends

U.S. Postal Service v. Aum (Tex. 2022): Clarified the evidentiary burden for gross negligence in punitive damage claims. In re USAA General Indemnity Co. (Tex. 2022): Texas Supreme Court reaffirmed stringent criteria for mandamus relief regarding discovery of cellular data in auto cases. Gregory v. Chohan (Tex. 2023): Provided guidance on calculating loss-of-companionship damages in wrongful death trucking litigation.

4. Insurance Bad-Faith Protections

Chapter 541 of the Texas Insurance Code allows policyholders to recover treble damages and attorney fees when insurers engage in unfair claim settlement practices, such as denying or delaying payment without a reasonable basis. The Texas Department of Insurance (TDI) oversees consumer complaints and market conduct examinations.

Steps to Take After an Injury in Houston

1. Seek Immediate Medical Attention

Even low-speed crashes can cause latent injuries such as concussions or spinal disc herniations. Documenting symptoms within 24 hours strengthens causation arguments. Keep copies of all ER discharge summaries, imaging studies, and prescriptions.

2. Preserve Evidence

• Photograph vehicles, skid marks, wet floors, or defective machinery before repairs or cleanup erase key evidence.

• Collect names, phone numbers, and addresses of witnesses. Houston’s transient workforce makes locating witnesses harder over time.

• Save damaged items (shoes, clothing, seat belts) in a sealed container.

3. Notify the At-Fault Party and Insurer

Send a brief, factual notice of loss. Avoid recorded statements until you fully understand your injuries. Insurers may request broad medical authorizations—politely decline until you consult counsel.

4. Track Economic Losses

Create a spreadsheet for wage loss, mileage to medical appointments, over-the-counter medication, and property repair receipts. Texas juries often reward detailed record-keeping.

5. Consult an Attorney Before Signing Releases

Early settlement offers rarely consider future surgeries, physical therapy, or diminished earning capacity. A Houston accident attorney can coordinate expert life-care planners and vocational economists to project long-term costs.

When to Seek Legal Help in Texas

Simple fender-benders with no injuries may be settled without counsel. However, you should immediately involve an attorney when:

• You sustained fractures, head trauma, burns, or surgery-level injuries.

• Liability is disputed or multiple parties are involved (e.g., multi-vehicle pileups on I-45).

• The defendant is a government entity, an oil-field contractor, or a major trucking carrier with aggressive defense teams.

• You suspect defective products or workplace safety violations.

• Insurers delay payment, request blanket authorizations, or threaten to close your claim.

Louis Law Group has recovered millions for Texans by:

• Conducting rapid on-scene investigations with accident reconstructionists and OSHA-trained experts.

• Using cutting-edge medical illustrators to explain complex injuries to adjusters and juries.

• Negotiating liens with hospitals to maximize net recovery.

• Preparing every case as if it will go to trial in Harris County District Court.

Call 833-657-4812 today for a free, no-obligation consultation.

Local Resources & Next Steps

Houston Courthouses

• Harris County Civil Courthouse: 201 Caroline St., Houston, TX 77002. Home to the 11th–334th District Courts.

• United States District Court, Southern District of Texas: 515 Rusk St., Houston, TX 77002.

Consumer & Government Agencies

Texas Department of Insurance – File complaints and research insurer disciplinary actions. Texas Judicial Branch – Access statewide court rules, dockets, and self-help forms. Lone Star Legal Aid – Free civil legal services to eligible low-income Texans.

Professional Associations

• Houston Bar Association Lawyer Referral Service – (713) 759-1133.

• Texas Trial Lawyers Association – Advocacy resources for plaintiff attorneys.

Next Steps Checklist

• Schedule follow-up medical appointments and comply with treatment plans.

• Organize a case file: police reports (CR-3), medical bills, photos, witness lists.

• Request a free consultation with Louis Law Group.

• Let your attorney handle communications with insurers and bill collectors.

• Focus on recovery while your legal team pursues maximum compensation.

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Every case is fact-specific, and the law may change. Consult a qualified attorney licensed in Texas for advice about your situation. Louis Law Group attorneys are licensed to practice in Texas state and federal courts.

Take Action Now: If you or a loved one has been injured anywhere in Texas—especially in the Greater Houston area—call Louis Law Group at 833-657-4812 for a free case evaluation. Protect your rights before crucial evidence disappears and deadlines expire.