Houston Guide to Texas Personal Injury Law & Injury Lawyers

Estimated reading time: 10 min read

Introduction: Why Understanding Texas Personal Injury Law Matters in Houston

Houston’s booming economy, sprawling highways, and busy industrial sites make it one of the most vibrant—and accident-prone—cities in the nation. Whether you were rear-ended on I-45, slipped at a grocery store in Midtown, or suffered a refinery injury along the Ship Channel, Texas law gives you the right to pursue compensation for your losses. Knowing how Texas personal injury law works empowers you to recover medical bills, lost wages, and pain and suffering without falling victim to insurance tactics designed to minimize payouts.

This guide focuses on the legal landscape for injured individuals in Houston, Texas, covering:

• Key statutes, including the two-year statute of limitations under Texas Civil Practice & Remedies Code §16.003.

• Comparative fault rules that may reduce (or bar) your recovery if you are 51% or more at fault.

• Step-by-step directions—from obtaining medical care to filing a lawsuit—tailored to local courts and insurers.

Resources such as the Texas Department of Insurance and Harris County courts.

If you’ve been injured in Texas, Louis Law Group is here to protect your rights. Call 833-657-4812 for a free case evaluation.

Understanding Texas Personal Injury Law

1. Statute of Limitations

Under Texas Civil Practice & Remedies Code §16.003, most personal injury actions must be filed within two (2) years of the date of injury. Miss the deadline and the court will likely dismiss your claim, no matter how strong your evidence. Certain exceptions exist (for minors, fraud, or latent injuries), but these are narrowly interpreted.

2. Negligence & Comparative Fault (Proportionate Responsibility)

Texas follows a modified comparative fault system under CPRC §33.001. If you are 50% or less at fault, your damages are reduced by your percentage of responsibility. If you are 51% or more at fault, you recover nothing. Insurance adjusters often use this rule to shift blame—knowing the law helps you push back.

3. Economic vs. Non-Economic Damages

• Economic (Special) Damages: Medical expenses, lost income, rehabilitation costs, household services.

• Non-Economic (General) Damages: Pain, suffering, emotional distress, loss of companionship.

• Punitive (Exemplary) Damages: Possible under CPRC §41.003 if the defendant acted with fraud, malice, or gross negligence, subject to caps.

4. Settlement vs. Litigation

Most cases resolve with the at-fault party’s insurer through settlement. However, lawsuits filed in Harris County District Court or federal court (if diversity or federal question exists) may be necessary when liability or value is disputed.

Common Types of Personal Injury Cases in Texas

1. Car & Truck Accidents

Texas recorded over 66,000 crashes in Harris County in 2022, according to TxDOT. To prevail, you must prove the defendant breached a duty (e.g., speeding, texting) and caused your injuries. Commercial truck cases often invoke federal regulations (FMCSA) and higher insurance limits.

2. Slip-and-Fall & Premises Liability

Property owners owe different duties based on visitor status (invitee, licensee, trespasser). You must show the owner knew or reasonably should have known about the dangerous condition (e.g., spilled liquid) and failed to correct or warn you. Texas courts apply the "time-notice" rule strictly, underscoring the need for prompt evidence gathering.

3. Workplace & Industrial Accidents

Texas is the only state that does not mandate private employers carry workers’ compensation. If your employer opts out, you can file a negligence claim directly. Even if covered, you may sue third parties (equipment manufacturers, contractors) whose negligence contributed to your injury.

4. Defective Products

Under Texas product liability law, manufacturers and sellers are strictly liable for design, manufacturing, or marketing defects that render a product unreasonably dangerous. Statutes of repose and federal preemption may apply, making early expert evaluation critical.

5. Wrongful Death & Survival Actions

Family members may seek damages under CPRC §§71.002-71.004, including loss of companionship, financial contributions, and mental anguish. A survival action allows the estate to pursue claims the deceased could have brought had they survived.

Texas Legal Protections & Regulations

1. Damage Caps

• Medical Malpractice: Non-economic damages are capped at $250,000 per claimant against physicians and $250,000 per facility, up to $500,000 total, per CPRC §74.301.

• Government Liability: Under the Texas Tort Claims Act, damages are capped at $250,000 per person and $500,000 per occurrence for bodily injury, plus $100,000 for property damage.

2. Insurance Regulations

The Texas Department of Insurance (TDI) oversees insurer conduct, claim deadlines, and unfair settlement practices. If an insurer delays or denies your claim without reasonable grounds, you may seek additional damages under Texas Insurance Code §542.

3. Recent Court Precedents

• In re Allstate Indemnity Co., 622 S.W.3d 870 (Tex. 2021) – Clarified discoverability of medical billing records, affecting damage calculations.

• Costa v. City of Houston, 582 S.W.3d 468 (Tex. App.—Houston [1st Dist.] 2018) – Reiterated governmental immunity limits in premises cases.

4. Attorney Licensing & Ethical Duties

Texas personal injury attorneys must be licensed by the State Bar of Texas and comply with the Texas Disciplinary Rules of Professional Conduct. Contingency fees must be reasonable and clearly explained in writing.

Steps to Take Immediately After an Injury in Houston

Seek Medical Attention Even minor discomfort can mask serious injuries. Prompt treatment not only protects your health but also links injuries to the accident for insurance purposes. Report the Incident Car crashes must be reported to law enforcement if injuries, fatalities, or property damage of $1,000+ occur. For premises incidents, notify the manager or property owner immediately. Document Everything Take photos of the scene, hazards, vehicle damage, and visible injuries. Collect witness names and contact info. Preserve torn clothing or defective products. Maintain Medical & Expense Records Keep copies of: ER visits, imaging, prescriptions, therapy bills, mileage, and lost wage statements. These documents substantiate economic damages. Avoid Social Media Pitfalls Defense attorneys scour social platforms for posts that contradict claimed injuries. Set profiles to private and refrain from posting accident details. Notify Insurance—but Limit Statements You must cooperate with your own insurer, but recorded statements to the other party’s adjuster can be used against you. Politely decline until you consult counsel. Consult a Houston Personal Injury Lawyer An attorney can calculate full damages, negotiate with insurers, and, if needed, file in Harris County District Court before the statute expires.

When to Seek Legal Help in Texas

While small fender-benders with minor injuries may resolve directly, you should retain counsel when:

• Liability is disputed or you face allegations of comparative fault.

• Your injuries require surgery, long-term treatment, or result in disability.

• An insurance adjuster pressures you to give a recorded statement or accept a lowball offer.

• The accident involves multiple parties, commercial vehicles, or governmental entities.

Louis Law Group combines deep knowledge of Texas injury claims with aggressive negotiation tactics. We front costs, collaborate with medical experts, and only get paid if you do. Call 833-657-4812 for your free consultation today.

Local Resources & Next Steps for Houston Residents

Key Agencies & Courts

Texas Judicial Branch – Statewide court information and forms. Harris County District Courts – Docket search, local rules, and e-filing. Houston Bar Association LegalLine – Free phone advice twice monthly.

What to Do Now

• Schedule necessary follow-up medical appointments.

• Organize all evidence in a dedicated folder, physical or digital.

• Call Louis Law Group for a case review within 24–48 hours of the incident to protect your claim.

Time is not on your side. Every day that passes risks lost evidence and missed deadlines. If you need a seasoned Houston accident attorney, reach out now.

Disclaimer

This guide provides general information only and does not create an attorney–client relationship. Laws change, and application of the law depends on specific facts. For legal advice, consult a licensed Texas attorney.

Ready to claim the compensation you deserve? If you’ve been injured in Texas, call Louis Law Group at 833-657-4812 for a free case evaluation. We fight for Houston residents—let us fight for you.