Houston Guide to Texas Personal Injury Law & Your Rights

Disclaimer: The information below is for educational purposes only and does not constitute legal advice. Every case is unique; consult a licensed Texas attorney about your specific circumstances.

Introduction: Why Knowing Your Rights Matters in Houston, Texas

Houston’s fast-growing population and sprawling highways mean accidents happen every day— from multi-vehicle pile-ups on I-45 to slips in bustling Galleria stores. Understanding Texas personal injury law houston empowers you to recover medical costs, lost wages, and other damages after someone else’s negligence harms you. This guide explains the essentials for common claims—car wrecks, slip-and-fall, workplace injuries, defective products, and wrongful death—so you can make informed choices and avoid costly mistakes.

Texas follows a fault-based system: the person (or company) who causes an injury is financially responsible. Insurance adjusters know that most victims are unfamiliar with legal procedures, which is why early, accurate information is critical. Below you’ll find step-by-step instructions, key deadlines, and local resources—all slightly skewed toward protecting the injured individual’s interests, because you deserve a level playing field when facing insurers and defense lawyers.

Understanding Texas Personal Injury Law

1. Statute of Limitations (Time Limits)

Under Texas Civil Practice & Remedies Code §16.003, you generally have two years from the date of injury (or date of death in wrongful death cases) to file a lawsuit. Missing this deadline almost always bars recovery, regardless of claim merit. Limited exceptions exist for minors, certain product liability cases, and the “discovery rule” (when injuries aren’t immediately apparent), but courts apply them narrowly.

2. Negligence & Comparative Fault

Texas uses a modified comparative fault system (CPRC §33.001). You may recover damages if you are not more than 50% at fault; however, your award is reduced by your percentage of responsibility. Example: A jury finds you 20% at fault and awards $100,000; you collect $80,000. Insurers frequently argue claimants bear the majority of blame, so meticulous evidence gathering is vital.

3. Standard of Proof

In civil cases, the injured party (plaintiff) must prove liability by a “preponderance of the evidence” (more likely than not). Documentation—medical records, photographs, witness statements—tips the scale in your favor.

4. Damages Available

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

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

• Exemplary (punitive): awarded when defendant acted with gross negligence, fraud, or malice (capped under CPRC §41.008).

Common Types of Personal Injury Cases in Texas

1. Motor Vehicle Accidents

Houston leads the state in traffic collisions. To prevail, you must show the defendant breached a duty (e.g., speeding, texting) and caused your injuries. Police crash reports, dash-cam footage, and cell-phone records are compelling evidence.

2. Slip-and-Fall (Premises Liability)

Under Texas premises liability law, property owners owe invitees (customers, tenants) a duty to fix or warn of dangerous conditions they knew or reasonably should have known about. Photos of spills, incident reports, and surveillance video help prove notice and negligence.

3. Workplace Injuries

Texas is the only state allowing private employers to opt out of workers’ compensation. If your employer is a “non-subscriber,” you can sue directly for negligence without the usual workers’ compensation limits. Even when covered, third-party claims (e.g., equipment manufacturers) may supplement benefits.

4. Defective Products

Texas recognizes strict liability for manufacturing defects, design defects, and inadequate warnings. Expert testimony often establishes that a safer, economically feasible design existed.

5. Wrongful Death

Spouses, children, and parents may sue for economic losses and non-economic damages, while the estate can pursue a survival action for the decedent’s pain and suffering.

Texas Legal Protections & Recent Court Rulings

1. Damage Caps

Non-economic damages in medical malpractice cases are capped at $250,000 per claimant against a single health-care institution (CPRC §74.301). Other personal injury categories generally have no caps, aside from punitive limits.

2. Sovereign Immunity Exceptions

The Texas Tort Claims Act (CPRC §101) allows suits against governmental units for motor vehicle accidents and premise defects, but strict notice deadlines (as short as 45–90 days for cities like Houston) apply.

3. Impactful Court Decisions

• J&D Towing, LLC v. Am. Alternative Ins. Corp. (Tex. 2016): expanded recoverable loss-of-use damages even without total loss of property, benefiting injured plaintiffs statewide.

• Hillis v. McCall (Tex. App.—Houston [14th Dist.] 2021): reaffirmed that photos plus treating physician testimony can suffice for causation, reducing defense reliance on expensive IME reports.

4. Insurance Bad-Faith Protections

Tex. Ins. Code §542 (Prompt Payment of Claims Act) imposes penalties on insurers that delay or deny valid claims. Filing a separate bad-faith action may yield attorneys’ fees and interest—valuable leverage when carriers stall.

Steps to Take Immediately After an Injury

Seek Medical Attention Your health comes first. Prompt treatment links injuries to the incident and prevents insurers from alleging gaps in care. Document Everything Collect photographs, witness names, police reports, weather conditions, and any correspondence. Store in a secure folder. Preserve Evidence Do not repair vehicles or discard defective products until an expert inspects them. Request surveillance video before it’s overwritten (often within 30 days). Notify the At-Fault Party or Insurer Texas does not require you to give a recorded statement. Politely decline until you consult counsel. Provide only basic facts to preserve benefits under policy notice provisions. Track Expenses and Lost Time Save medical bills, pharmacy receipts, and mileage to appointments. Use pay stubs or tax returns to prove wage loss.

When to Seek Legal Help

Minor fender-benders with no injuries may be handled pro se, but the following red flags call for a houston accident attorney:

• Severe or permanent injuries (fractures, TBI, spinal damage).

• Disputed liability or comparative fault allegations.

• Commercial defendants (trucking companies, retailers) with aggressive legal teams.

• Insurance delays, lowball offers, or outright denials.

• Potential claims against governmental entities or non-subscriber employers with special procedural rules.

Louis Law Group has recovered millions for Texas injury victims and offers contingency-fee representation—no fees unless we win. We investigate crash scenes, hire top experts, negotiate with insurers, and litigate in Harris County courts when necessary.

Local Resources & Next Steps

Texas Department of Insurance—file complaints against unfair insurers and access consumer guides. Harris County District Clerk—search court records and verify lawsuit filings. Houston Bar Association Pro Bono—free or low-cost legal clinics for qualifying residents.

• Emergency Health: Ben Taub Hospital Level I Trauma Center, 1504 Taub Loop, Houston, TX 77030.

If you’re unsure whether you have a claim, timing is everything. Evidence fades, witnesses relocate, and the two-year statute clock never stops. Protect your rights now.

Call to Action

If you’ve been injured in Texas, call Louis Law Group at 833-657-4812 for a free case evaluation. We’re available 24/7, and you pay nothing unless we secure compensation for you.

This article complies with the Texas Disciplinary Rules of Professional Conduct. Principal office: Houston, Texas.