Houston Guide to Texas Personal Injury Law: Protect Your Rights

Estimated reading time: 12 min read

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

Houston is the fourth-largest city in the United States and the busiest metropolitan region in Texas. With sprawling highways like I-10, I-45, and Beltway 8, its world-class petrochemical industry, and countless retail and hospitality venues, accidents unfortunately occur every day. According to the Texas Department of Transportation, Houston saw more than 68,000 reportable motor-vehicle crashes in 2022 alone. If you or someone you love was hurt in an auto collision, slip-and-fall, workplace incident, defective product malfunction, or other preventable mishap, understanding your Texas personal injury law Houston rights is crucial. Timely and informed action can preserve evidence, strengthen negotiations with insurers, and position you to recover fair compensation for medical bills, lost wages, pain, and long-term disability.

This guide is designed for injured residents of Houston, Texas and written with a claimant-focused perspective. Inside, you will find:

• An overview of Texas negligence and comparative fault rules;

• Example case types—from car wrecks to wrongful death;

• Applicable statutes, deadlines, and damages limits under the Texas Civil Practice and Remedies Code;

• Step-by-step instructions to protect your claim; and

• When and how to enlist a Houston accident attorney—including a direct line to Louis Law Group for a free consultation at 833-657-4812.

Because every factual scenario is unique, always seek personalized legal advice. This resource does not create an attorney–client relationship and is provided for educational purposes only.

Understanding Texas Personal Injury Law

1. The Two-Year Statute of Limitations

Under Texas Civil Practice and Remedies Code § 16.003, most personal injury and wrongful death lawsuits must be filed within two years of the date of injury or death. Missing this deadline generally bars recovery, though limited tolling may apply for minors or certain latent injuries.

2. Negligence & Duty of Care

To succeed, a plaintiff must prove by a preponderance of evidence that the defendant owed a duty, breached that duty, and proximately caused damages. Texas recognizes various duties depending on relationships (e.g., drivers must follow traffic laws, store owners must remedy known hazards, employers must meet OSHA safety standards).

3. Modified Comparative Fault – The 51 Percent Bar Rule

Texas follows proportionate responsibility codified in Texas Civil Practice and Remedies Code Chapter 33. A claimant who is 51 percent or more at fault for an accident is barred from recovery (Tex. Civ. Prac. & Rem. Code § 33.001). If you are partially responsible but less than 51 percent at fault, your damages are reduced by your percentage of fault.

4. Insurance Claim Framework

Texas is an at-fault insurance state, meaning injured parties pursue the negligent party’s liability insurance first. Minimum auto-liability limits are $30,000 per person / $60,000 per crash for bodily injury and $25,000 for property damage, though many Houstonians carry higher or commercial policies.

Common Types of Personal Injury Cases in Texas

1. Motor-Vehicle Collisions

Houston’s congestion breeds rear-end crashes, side-swipes, and catastrophic 18-wheeler wrecks. To prevail, plaintiffs typically rely on police reports, dash-cam footage, black-box data, and expert accident reconstruction. Violations of the Texas Transportation Code—such as speeding or distracted driving—can establish breach of duty.

2. Slip-and-Fall & Premises Liability

Property owners in Texas owe varying duties based on visitor status (invitee, licensee, trespasser). An injured shopper must show the store had actual or constructive knowledge of a spill or hazard and failed to correct it within a reasonable time.

3. Workplace & Industrial Injuries

Texas is the only state allowing private employers to opt out of traditional workers’ compensation (“non-subscribers”). If your Houston employer is a non-subscriber, you may sue directly for negligence. When workers’ comp applies, you may still pursue third-party claims against equipment manufacturers or negligent contractors.

4. Defective Products

Under strict-liability principles, manufacturers can be responsible for design defects, manufacturing flaws, or inadequate warnings. The plaintiff must prove a safer alternative design existed and that the defect caused injury while used as intended.

5. Wrongful Death

If a wrongful act causes death, the surviving spouse, children, and parents may file suit within two years (Tex. Civ. Prac. & Rem. Code § 71.004). Damages include loss of companionship, mental anguish, and financial contributions the decedent would have provided.

Texas Legal Protections & Regulations That Shape Your Claim

1. Damages Caps

• Medical Malpractice: Non-economic damages capped at $250,000 per physician and $250,000 per facility, up to $500,000 total (Tex. Civ. Prac. & Rem. Code § 74.301).

• Punitive (Exemplary) Damages: Limited to $200,000 or two times economic damages plus up to $750,000 non-economic, whichever is greater (§ 41.008).

• Governmental Liability: Texas Tort Claims Act caps are $250,000 per person / $500,000 per occurrence for bodily injury, and $100,000 for property damage (Tex. Civ. Prac. & Rem. Code § 101.023).

2. Notice Requirements Against Government Entities

Suing the City of Houston, Harris County, or the State of Texas? You must provide written notice of your claim within six months of the incident (Tex. Civ. Prac. & Rem. Code § 101.101) and comply with any municipal charter deadlines—sometimes as short as 90 days.

3. Recent Court Decisions

Texas courts continue to clarify personal injury law. In JBS Carriers, Inc. v. Washington (Tex. 2023), the Supreme Court reaffirmed that separate negligence theories (e.g., negligent hiring) can survive even when an employer admits vicarious liability, influencing truck-crash litigation statewide.

4. Dram Shop & Social Host Liability

Pursuant to the Texas Dram Shop Act (Tex. Alco. Bev. Code § 2.02), bars that overserve visibly intoxicated patrons who later cause injuries can be held liable. Social hosts may face liability when providing alcohol to a minor under 18.

5. Dog Bite & Animal Attacks

Texas follows the “one-bite” rule under Marshall v. Ranne, 511 S.W.2d 255 (Tex. 1974). A owner with prior knowledge of a dog’s vicious tendencies may be strictly liable; otherwise, negligence must be shown.

Steps to Take Immediately After an Injury in Houston

• Seek Medical Care – Call 911 or visit a Houston-area ER such as Memorial Hermann or Ben Taub. Prompt treatment documents causation and prevents insurers from arguing your injuries are unrelated.

• Report the Incident – For auto crashes, Texas Transportation Code § 550.026 requires immediate police reporting if injury or significant property damage occurs. For workplace accidents, notify your employer within 30 days to preserve workers’ comp eligibility.

Document & Preserve Evidence

• Photograph vehicles, hazards, and injuries.

• Collect contact information of witnesses and employees present.

• Store damaged products or equipment in a secure location.

• Track All Expenses – Maintain a file of medical bills, mileage, receipts for household help, and pay stubs reflecting lost wages.

• Avoid Recorded Statements Without Counsel – Insurers may request phone interviews or blanket medical authorizations. Politely decline until you consult a personal injury lawyer Texas licensed by the State Bar.

• Mind the Statutes of Limitations & Notice Periods – Calendar the two-year filing deadline and any governmental notice requirements.

• Consult a Qualified Houston Accident Attorney – An experienced lawyer can calculate damages, retain experts, and negotiate aggressively.

When to Seek Legal Help in Texas

While minor fender-benders with no injuries may settle quickly, more complex scenarios often require professional advocacy:

• Severe or Permanent Injuries – Traumatic brain injuries, spinal cord damage, or multiple fractures;

• Disputed Liability – The insurance carrier asserts you are majority at fault;

• Multiple Defendants – Commercial vehicle fleets, property owners, and product manufacturers;

• Government Entities Involved – Strict notice rules demand rapid action;

• Bad-Faith Insurance Practices – Unreasonable delays or lowball offers.

Louis Law Group’s seasoned trial lawyers are licensed across Texas courts, including the Southern District of Texas federal venues downtown. They investigate accidents, subpoena black-box data, engage board-certified medical experts, and, when necessary, present compelling cases to Harris County juries. If you’ve been injured in Texas, call 833-657-4812 for a free case evaluation.

Local Resources & Next Steps for Houston Residents

Texas Department of Insurance (TDI) – File complaints against unfair insurers and access consumer guides. Texas Judiciary Online – Search court rules and find Harris County court locations. Houston Volunteer Lawyers – Pro bono assistance for qualifying low-income residents.

• State Bar of Texas Lawyer Referral Service – 800-252-9690.

Next Steps:

• Review and gather your accident documentation.

• Schedule medical follow-ups to demonstrate continuity of care.

• Call Louis Law Group at 833-657-4812 or use the firm’s online form for a no-obligation case review.

The sooner you act, the greater your leverage with insurers and defendants. Statutes of limitation are unforgiving—protect your rights today.

Disclaimer

This guide is provided for general informational purposes and does not constitute legal advice. Reading it does not create an attorney–client relationship. Always consult an attorney licensed in Texas regarding your specific situation.

Ready to Fight for the Compensation You Deserve? Contact Louis Law Group now for a free, no-pressure evaluation. Dial 833-657-4812 24/7. You pay nothing unless we win.