Houston Guide to Texas Personal Injury Law – Know Your Rights

10 min read

Introduction: Why Understanding Texas Personal Injury Law Matters in Houston

Houston is the fourth-largest city in the United States and, as every commuter on I-45 or Beltway 8 knows, accidents can happen in a split second. Whether you were rear-ended in the Energy Corridor, slipped in a Midtown grocery store, or suffered a workplace injury on a refinery site in Baytown, knowing how Texas personal injury law houston works can mean the difference between a full recovery and bearing the cost alone. This guide breaks down the essentials for injured Houstonians—from statutes of limitations to comparative fault rules—so you can make informed choices after an accident.

We will cover:

• Texas negligence and liability standards;

• Statutes and court precedents that affect car accidents, slip-and-falls, workplace injuries, defective products, and wrongful death;

• Step-by-step actions to take immediately after an injury;

• When it is critical to involve a houston accident attorney;

• Local resources and a direct line to the experienced team at Louis Law Group.

Legal Disclaimer: The information below is for educational purposes only and does not constitute legal advice. Every case is unique; consult a qualified attorney about your specific situation. Louis Law Group provides free case evaluations at 833-657-4812.

Understanding Texas Personal Injury Law

1. Statute of Limitations: The Two-Year Deadline

Under Texas Civil Practice and Remedies Code § 16.003, most personal injury lawsuits must be filed within two years of the date of injury. This rule applies to vehicle collisions, premises liability, and product defects. Wrongful death claims also carry a two-year limit, beginning on the date of death. Missing the deadline almost always means losing your right to sue.

2. Negligence and the 51 Percent Bar

Texas follows a modified comparative fault system (also called “proportionate responsibility”) found in § 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 total damages of $100,000 and says you were 20 percent responsible. Your recovery would be $80,000. Insurance adjusters use these same rules when negotiating settlements.

3. Economic vs. Non-Economic Damages

Texas law allows injured parties to seek:

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

• Non-economic damages: pain and suffering, emotional distress, and loss of consortium;

• Exemplary (punitive) damages: only when a defendant acted with fraud, malice, or gross negligence, per § 41.003.

Non-economic damages are uncapped except in medical malpractice cases (capped by § 74.301 at $250,000 per claimant against physicians and $500,000 total against multiple health-care institutions).

Common Types of Personal Injury Cases in Texas

1. Car, Truck, and Motorcycle Accidents

Houston leads the state in fatal and serious crashes, according to the Texas Department of Transportation (TxDOT). Proving negligence usually requires showing the defendant breached a duty—such as texting while driving or violating speed limits on I-10—and that the breach caused your injuries. In trucking accidents, federal regulations (49 C.F.R. § 391 et seq.) on hours-of-service and maintenance logs may also be critical evidence.

2. Slip-and-Fall and Premises Liability

Under the Texas Supreme Court’s landmark Wal-Mart Stores, Inc. v. Reece, 81 S.W.3d 812 (Tex. 2002), a premises owner is liable if they knew or should have known of an unreasonably dangerous condition and failed to fix or warn. Photographs, incident reports, and surveillance video often determine whether notice can be proven.

3. Workplace Injuries

Texas uniquely allows employers to opt out of workers’ compensation. If your employer subscribes, you generally must file a workers’ comp claim. If not, you may sue the employer directly, where they cannot raise comparative fault as a defense (Tex. Lab. Code § 406.033). Third-party claims—against equipment manufacturers or subcontractors—are also common on Houston industrial sites.

4. Defective Products

The Texas Products Liability Act (Tex. Civ. Prac. & Rem. Code § 82.001) imposes strict liability if a product is unreasonably dangerous due to design, manufacturing, or marketing defects. Recent Houston verdicts include cases against e-cigarette makers and automotive airbag suppliers.

5. Wrongful Death

Spouses, children, and parents may file wrongful death actions (Tex. Civ. Prac. & Rem. Code § 71.004) for losses arising from a loved one’s death. Damages include loss of companionship, household services, and mental anguish.

Texas Legal Protections & Regulations Impacting Injury Claims

1. Damage Caps Beyond Medical Malpractice

Texas caps punitive damages at the greater of (a) $200,000 or (b) two times economic damages plus an equal amount of non-economic damages up to $750,000 (Tex. Civ. Prac. & Rem. Code § 41.008). No punitive award may exceed these limits.

2. The Safety Responsibility Act

Texas Transportation Code § 601.051 requires minimum liability insurance of $30,000 per injured person, $60,000 per accident, and $25,000 property damage (“30/60/25”). Unfortunately, medical costs often far exceed minimum coverage, making underinsured motorist (UIM) coverage crucial.

3. Recent Court Decisions to Know

• In re Allstate Indemnity Co., 622 S.W.3d 870 (Tex. 2021) – Clarified that discovery into an insurer’s internal decision-making may be limited absent bad-faith allegations.

• Cameron Int’l Corp. v. Martinez, 662 S.W.3d 364 (Tex. 2022) – Reaffirmed that product manufacturers have no duty to warn of open and obvious dangers if the risks are generally known.

4. Insurance Claim Handling Rules

Chapter 542 of the Texas Insurance Code requires insurers to acknowledge, investigate, and accept or deny claims within strict deadlines. Failure can trigger statutory “prompt payment” interest penalties.

Practical Steps to Take After an Injury in Houston

1. Seek Immediate Medical Attention

Your health comes first, and medical records serve as vital evidence. Delays allow insurers to argue your injuries are minor or unrelated.

2. Report and Document the Incident

• Auto accident: Call 9-1-1. For damage over $1,000 or injuries, Houston Police must file a CR-3 crash report.

• Slip-and-fall: Notify the store manager and request a written incident report.

• Workplace injury: Notify your supervisor within 30 days (Tex. Lab. Code § 409.001).

3. Preserve Evidence

• Photograph the scene, vehicles, or hazard from multiple angles;

• Collect names, phone numbers, and emails of witnesses;

• Keep damaged clothing, defective products, or tools in a sealed container;

• Log daily pain levels and doctor visits in a journal.

4. Notify the Insurance Company—but Carefully

Provide basic facts only. Recorded statements can be used to assign you greater fault. Politely decline until you have consulted a personal injury lawyer Texas.

5. Track Costs and Lost Income

Save pay stubs, out-of-pocket receipts, and mileage to medical appointments. Texas allows recovery of reasonable and necessary medical expenses—often proven through affidavits under Tex. Civ. Prac. & Rem. Code § 18.001.

When to Seek Legal Help in Texas

Simple property-damage-only fender-benders may settle without counsel, but the following red flags make hiring a houston accident attorney critical:

• Severe injuries (fractures, surgery, traumatic brain injury);

• Disputed liability or multiple vehicles involved;

• Commercial truck or rideshare accidents (additional federal and corporate policies apply);

• Insurance offers that fail to cover medical bills;

• Wrongful death or permanent disability.

How Louis Law Group Can Help

Our firm investigates accidents, gathers medical and expert testimony, negotiates with insurers, and—when necessary—files suit in Harris County District Court or federal court. We advance litigation costs, and you pay nothing unless we win.

Local Resources & Next Steps

Texas Department of Insurance (TDI) – File complaints against insurers and verify license status. Texas Judicial Branch – Locate county and appellate courts, download civil filing forms. Houston Bar Association – Offers Lawyer Referral and legal aid programs.

• Harris County District Clerk – E-file lawsuits and track case numbers (201 Caroline St., Houston).

Ready to Protect Your Rights? If you or a loved one has been hurt in Texas, time is not on your side. Evidence fades, memories blur, and deadlines pass quickly. Call Louis Law Group at 833-657-4812 for a free, no-obligation case evaluation today.