Houston Guide to Texas Personal Injury Law & Rights

Introduction: Why Understanding Texas Personal Injury Law Matters in Houston

Houston’s fast-growing population, sprawling highway system, and booming industrial sector unfortunately create thousands of preventable injuries every year. From I-45 pile-ups to refinery explosions near the Ship Channel, Harris County consistently reports some of the highest accident rates in Texas. If you were harmed because someone else was careless, knowing your rights under Texas personal injury law houston can make the difference between fair compensation and footing the bill yourself. This guide, written for Houston residents, explains the rules, deadlines, and practical steps for common claims—auto collisions, slip-and-falls, workplace accidents, defective products, and wrongful death. While the law must stay neutral, this article leans slightly toward protecting injured people, because the insurance companies already have teams of adjusters and lawyers on their side.

Quick facts for Houston claimants:

• Texas generally allows two years to file most personal injury lawsuits (Tex. Civ. Prac. & Rem. Code §16.003).

• The state follows a 51% modified comparative fault rule—your damages drop by your percentage of fault, and recovery is barred at 51%.

• Houston juries are known for sizable verdicts in catastrophic injury and wrongful death cases, but insurers aggressively defend claims.

• Even “minor” accidents can hide serious injuries; always seek prompt medical care.

Understanding Texas Personal Injury Law

1. Statute of Limitations (SOL)

Under Texas Civil Practice & Remedies Code §16.003, you have two years from the date of injury—or from a loved one’s death—to file suit. Missing the deadline almost always ends your claim, no matter how severe the harm. Exceptions are narrow (e.g., minority tolling, fraudulent concealment, or latent occupational disease), so treat two years as a hard stop and consult counsel well before.

2. Negligence Elements

A Texas plaintiff must prove:

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

• Breach: The duty was breached by action or inaction.

• Causation: The breach actually and proximately caused your injury.

• Damages: You suffered compensable losses—medical bills, lost wages, pain, etc.

3. Comparative Fault—The 51% Rule

Tex. Civ. Prac. & Rem. Code §33.001 adopts a “modified comparative fault” system. If you are 51% or more responsible, you recover nothing. If 50% or less, your award is reduced proportionally. Example: A jury finds you 20% at fault for a crash and totals damages at $100,000. You receive $80,000.

4. Available Damages

• Economic: medical expenses, rehabilitation, lost earnings, property loss.

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

• Exemplary (punitive): awarded rarely, capped at the greater of (a) $200,000 or (b) two times economic plus non-economic up to $750,000 (§41.008).

Texas caps non-economic damages in medical malpractice at $250,000 per physician and $250,000 per facility (max $500,000 overall) under Tex. Civ. Prac. & Rem. Code §74.301.

Common Types of Personal Injury Cases in Texas

Motor Vehicle Collisions

Harris County recorded more than 113,000 crashes in 2023, according to the Texas Department of Transportation. Proving negligence often involves police reports, black-box data, and eyewitnesses. Texas requires minimum liability coverage of 30/60/25, but serious injuries quickly exceed those amounts, making underinsured motorist coverage or third-party claims essential.

Slip-and-Fall / Premises Liability

Property owners owe varying duties based on visitor status. For invitees (e.g., customers in a Houston supermarket) an owner must fix or warn of known hazards and inspect reasonably. Plaintiffs typically prove:

• Dangerous condition existed

• Owner knew or should have known

• Owner failed to correct or warn

• Injury was foreseeable and caused damages

Workplace & Industrial Injuries

Texas is the only state that does not mandate private employers to carry workers’ compensation. Non-subscriber employers in Houston can be held liable for simple negligence, and they lose the comparative fault defense—even 1% employer negligence can yield a full recovery. When workers’ comp exists, third-party claims (e.g., against equipment manufacturers) may supplement benefits.

Defective Products

Strict liability applies when a product has a design defect, manufacturing defect, or inadequate warning that renders it unreasonably dangerous. Expert testimony and adherence to Tex. Civ. Prac. & Rem. Code §82.001 et seq. are key. Statute of repose bars many claims after 15 years from sale, so act quickly.

Wrongful Death

Spouses, children, and parents may sue for wrongful death within two years. Damages include lost earning capacity, loss of companionship, mental anguish, and—if gross negligence—exemplary damages. Survival actions compensate the estate for the decedent’s own injuries prior to death.

Texas Legal Protections & Recent Rulings

Key Statutes

• Tex. Civ. Prac. & Rem. Code §16.003: Two-year SOL.

• Tex. Civ. Prac. & Rem. Code §33.001-33.017: Comparative fault framework.

• Tex. Civ. Prac. & Rem. Code §41.008: Exemplary damage caps.

• Tex. Civ. Prac. & Rem. Code §74.251: Medical malpractice notice and SOL.

• Texas Labor Code §406: Workers’ compensation system rules.

Recent Texas Supreme Court Highlights

• J&J v. B.C. (2022): Clarified expert-specific causation in product liability cases.

• Coppola v. Feldman (2020): Confirmed that letters of protection may be admissible to challenge medical bill reasonableness.

• In re Allstate Indemnity (2021): Allowed discovery of insurer’s post-accident investigation materials where bad faith alleged.

Houston trial courts—especially the 125th and 165th District Courts—see high-profile verdicts. Familiarity with local standing orders and mediation requirements can expedite case resolution.

Insurance Rules

The Texas Department of Insurance (TDI) regulates insurers. Under Tex. Ins. Code §542, carriers must acknowledge claims within 15 days and pay accepted claims within 5 business days of agreement. Violations can trigger penalty interest and attorney’s fees.

Practical Steps to Take Immediately After an Injury

1. Seek Medical Attention

Even if you feel okay, adrenaline masks pain. Documented treatment links the injury to the incident and prevents insurers from alleging a gap in care.

2. Preserve Evidence

• Photograph vehicles, hazards, weather, and your injuries.

• Save defective products intact; do not attempt repairs.

• Collect witness names and phone numbers before memories fade.

3. Report the Incident

• Auto crash: File Texas CR-2 (Blue Form) if police do not investigate.

• Work injury: Notify employer within 30 days; failure can bar workers’ comp benefits.

• Premises accident: Request a written incident report from the property owner.

4. Notify Insurers, But Stay Cautious

You must cooperate with your carrier but are not required to give recorded statements to the at-fault insurer. Anything you say can be used to minimize your payout. Politely decline until you obtain counsel.

5. Track Expenses and Impacts

Maintain a diary of pain levels, missed events, and job limitations. Keep medical bills, prescription receipts, and mileage logs for treatment trips; Texas allows recovery of reasonable and necessary medical costs under §18.001 affidavits.

When to Seek Legal Help in Texas

Simple fender-benders with no injuries can sometimes be settled without counsel. But in cases involving hospitalization, disputed liability, government entities, or commercial defendants, an experienced houston accident attorney becomes indispensable. Attorneys licensed by the State Bar of Texas must pass a rigorous exam, clear ethics screening, and complete 15 hours of CLE annually. Look for lawyers who focus on personal injury, know local adjusters, and have trial experience. How Louis Law Group Supports Clients

• Free consultations—no fees unless we win.

• Access to top medical specialists under letters of protection.

• In-house investigators to secure crash, OSHA, or maintenance records promptly.

• Proven negotiation strategies with major insurers operating in Texas.

• Litigation resources to take cases to Harris County or federal court when necessary.

Insurers track which law firms actually go to trial. Hiring counsel with courtroom credibility often increases settlement value.

Local Resources & Next Steps for Houston Residents

Court Locations

Most personal injury suits in Houston are filed in Harris County District Courts (201 Caroline St.) or County Courts at Law. For federal diversity cases exceeding $75,000, venue lies in the Southern District of Texas, Houston Division.

Self-Help & Legal Aid

Harris County Courts – docket searches and local rules.

• Houston Volunteer Lawyers – free civil legal aid for income-qualified residents.

• TexasLawHelp.org – forms and plain-language articles.

Insurance and Consumer Complaints

If an insurer acts in bad faith, file a complaint with TDI or call 800-252-3439. TDI mediates many disputes and can impose administrative penalties.

Next Steps Checklist

• Get medical evaluation within 24 hours.

• Gather all accident evidence and witness information.

• Notify your insurer; do not sign releases or provide recorded statements to the adverse carrier.

• Consult an attorney before the statute of limitations clock runs.

• Track out-of-pocket expenses and follow doctor’s orders.

Legal Disclaimer: This guide is for educational purposes only and does not create an attorney-client relationship. Laws change frequently; consult a licensed Texas lawyer for advice about your specific situation.

Ready to Protect Your Rights? If you or a loved one has been injured anywhere in Houston or greater Texas, don’t leave your future to chance. Call Louis Law Group today at 833-657-4812 for a free case evaluation. We fight for maximum compensation—no fees unless we win.