Houston Texas Personal Injury Law Guide for Victims

Estimated reading time: 13 min read

Introduction: Why Houston Residents Need a Clear Texas Personal Injury Guide

Houston is one of the busiest metropolitan areas in the United States, with more than 7 million residents in the Greater Houston region and countless commercial vehicles on its extensive highway system. Unfortunately, heavy traffic, ongoing construction, and industrial activity mean serious accidents occur every day. Whether you were rear-ended on I-45, slipped on a wet floor in a Midtown grocery store, or suffered an oil-rig injury while working in the Port of Houston, understanding Texas personal injury law is critical to protecting your rights. This guide explains the essential rules, deadlines, and procedural steps every injured Houstonian should know. We focus on:

• Motor vehicle collisions

• Slip-and-fall and premises liability incidents

• Workplace and offshore injuries

• Defective product claims

• Wrongful death actions

Texas law generally favors prompt action by injury victims. Missing a deadline—or saying the wrong thing to an insurance adjuster—can jeopardize your case. The sections below summarize relevant statutes in the Texas Civil Practice and Remedies Code, key court precedents, and proven practical tips to maximize compensation. This article is for educational purposes and does not constitute legal advice. For guidance tailored to your unique situation, call Louis Law Group at 833-657-4812 for a free consultation.

Understanding Texas Personal Injury Law

1. Statute of Limitations: The Two-Year Countdown

Under Texas Civil Practice and Remedies Code §16.003, most personal injury lawsuits must be filed within two years of the date the cause of action accrues—usually the accident date. Limited exceptions apply:

• Discovery Rule: In toxic exposure or medical product cases, the clock may start when the injury was reasonably discovered.

• Minor Plaintiffs: If the injured person is under 18, the statute typically pauses until the minor turns 18.

• Wrongful Death: The two-year limit usually begins on the date of death, not the incident.

Missing the two-year window almost always results in dismissal, so act quickly.

2. Negligence & Duty of Care

To prevail in a Texas personal injury claim, you must prove:

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

• Breach: The defendant breached that duty through negligent or reckless conduct.

• Causation: The breach caused your injuries (both cause-in-fact and proximate cause).

• Damages: You suffered compensable losses (medical bills, lost wages, pain and suffering).

Texas uses the “reasonable person” standard. If a driver texts while driving and rear-ends you, that behavior likely breaches the duty to operate a vehicle safely.

3. Modified Comparative Fault (51% Bar Rule)

Texas follows a modified comparative fault system (Tex. Civ. Prac. & Rem. Code §33.001). You can recover damages if you are not more than 50% responsible for the accident. However, your award is reduced by your percentage of fault. Example: If a jury finds you 20% at fault and the damages total $100,000, you receive $80,000. If you are 51% or more responsible, you recover nothing.

4. Types of Damages

• Economic: Medical bills, rehabilitation, lost income, property damage.

• Non-Economic: Pain, mental anguish, disfigurement, loss of consortium.

• Exemplary (Punitive): Awarded when the defendant acted with gross negligence or malice; capped under Tex. Civ. Prac. & Rem. Code §41.008.

Common Personal Injury Cases in Texas

1. Car, Truck & Rideshare Accidents

Houston’s complex highway interchanges see over 60,000 crashes annually, according to the Texas Department of Transportation. Victims often face aggressive insurers representing commercial carriers or rideshare companies. Proving liability may require:

• Police crash reports

• Event data recorder (black-box) downloads

• Cell-phone records for distracted driving

• Commercial driver logbooks (for Hours-of-Service violations)

Texas law mandates minimum liability coverage of 30/60/25, but catastrophic injuries frequently exceed those limits. An experienced houston accident attorney can uncover additional policies (commercial, umbrella, or uninsured/underinsured motorist).

2. Slip-and-Fall & Premises Liability

Property owners owe varying duties depending on whether the injured person is an invitee, licensee, or trespasser. Under Timberwalk Apartments v. Cain, 972 S.W.2d 749 (Tex. 1998), plaintiffs must show the owner knew or should have known of an unreasonably dangerous condition and failed to remedy it. Surveillance footage and incident reports from stores or apartment complexes often make or break these claims.

3. Workplace & Offshore Injuries

Texas is the only state that does not universally require private employers to carry workers’ compensation. When an employer is a “nonsubscriber,” injured workers may file negligence suits with fewer defenses available to the employer. Offshore workers operating out of the Port of Houston may be covered by the Jones Act or Longshore and Harbor Workers’ Compensation Act, each offering different benefits.

4. Defective Products

Product liability claims arise when design, manufacturing, or marketing defects cause harm. Plaintiffs may sue manufacturers, distributors, and retailers. Texas follows strict liability for certain defective products, meaning you do not have to prove negligence—only that the product was defective and caused injury.

5. Wrongful Death

When negligence leads to a fatality, surviving spouses, children, and parents may bring a wrongful death action under Tex. Civ. Prac. & Rem. Code §71.004. Recoverable damages include lost earning capacity, mental anguish, and loss of companionship. Punitive damages may be available if the conduct was grossly negligent.

Texas Legal Protections & Recent Case Law

1. Damage Caps

• Medical Malpractice: Non-economic damages are capped at $250,000 per claimant against individual physicians and $250,000 against each health-care institution (Tex. Civ. Prac. & Rem. Code §74.301).

• Punitive Damages: The greater of $200,000 or two times economic damages plus up to $750,000 of non-economic damages (Tex. Civ. Prac. & Rem. Code §41.008).

2. Notable Supreme Court Decisions

• J & D Towing, LLC v. American Alternative Insurance Corp., 478 S.W.3d 649 (Tex. 2016) – Clarified recovery for intrinsic value of property when evidence of market value is unavailable.

• City of Denton v. Paper, Inc., 571 S.W.3d 748 (Tex. 2019) – Discussed governmental immunity exceptions in premises cases.

3. Insurance Bad-Faith Protections

Under the Texas Insurance Code §541.060, insurers owe claimants a duty of good faith and fair dealing. Unreasonable delays, underpayment, or denial may trigger extra-contractual damages—including attorney’s fees. For guidance, review the Texas Department of Insurance complaint resources.

Steps to Take After an Injury in Houston

1. Seek Immediate Medical Attention

Call 911 if the injury is severe. Not only is this critical to your health, but medical records create the foundation of your claim. Follow-up appointments, physical therapy sessions, and specialist visits should be documented.

2. Document the Scene

• Photograph vehicle damage, skid marks, or hazardous conditions.

• Collect witness names, phone numbers, and statements.

• Save clothing and personal items (e.g., torn shoes in a slip-and-fall) as evidence.

3. Report the Incident

• Motor Vehicle: File Form CR-3 with the Texas Department of Transportation if police do not respond.

• Workplace: Notify your employer within 30 days (workers’ compensation) and complete DWC-041.

• Premises: File an incident report with the property manager.

4. Preserve Evidence

Send a spoliation letter to the defendant or their insurer instructing them to preserve surveillance footage, maintenance logs, and electronic data. An attorney can draft and deliver this letter.

5. Track Expenses & Losses

Maintain a ledger of all out-of-pocket costs, including mileage for medical visits. Save receipts for medication, medical devices, and home modifications.

6. Avoid Common Pitfalls

• Do not post accident details on social media.

• Do not provide a recorded statement to an insurer without legal counsel.

• Do not sign a blanket medical release early in the process.

When to Seek Legal Help in Texas

Minor fender-benders with no injuries may resolve through insurance. However, serious injuries, disputed liability, or high medical bills demand professional representation. A personal injury lawyer Texas can:

• Calculate future medical costs using life-care planners.

• Negotiate liens with providers and health insurers (ERISA, Medicaid, Medicare).

• Reconstruct accidents with certified experts.

• Litigate aggressively if insurers refuse fair settlement offers.

Louis Law Group’s Houston office leverages deep knowledge of Harris County jury pools and local judges. The firm’s contingency-fee structure means no legal fees unless they win. If you cannot travel, attorneys can visit you at home or in the hospital.

Local Resources & Next Steps

Harris County District Clerk – File civil petitions and access court records. Houston Bar Association LegalLine – Free phone advice twice monthly.

• Texas Office of Injured Employee Counsel – Assists workers’ comp claimants.

• Texas A&M Transportation Institute Crash Data – Useful for accident statistics.

Most personal injury cases settle, but timely filings, strong evidence, and skilled advocacy maximize outcomes. Do not let insurers dictate your future. If you’ve been injured in Texas, call Louis Law Group at 833-657-4812 for a free case evaluation today.

Legal Disclaimer

This guide is for informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Deadlines and laws change; consult a licensed Texas attorney regarding your specific matter.