Houston Texas Personal Injury Law Guide: Protect Your Rights

Introduction: Why Understanding Texas Personal Injury Law Matters in Houston

Houston’s bustling freeways, industrial worksites, and dense commercial centers unfortunately make accidents a daily reality. According to the Texas Department of Transportation, Harris County leads the state in traffic collisions year after year. Slip-and-fall injuries in the Galleria, petrochemical explosions along the Ship Channel, and defective product recalls issued throughout Greater Houston keep local emergency rooms busy. If you are one of the thousands hurt in a preventable incident, knowing your rights under Texas personal injury law is critical. This guide—written from the perspective of protecting injured individuals—breaks down everything Houston residents need to know, from the statute of limitations to securing maximum compensation. Whether you are searching online for a “houston accident attorney” after a car crash or simply exploring your legal options, the following sections deliver practical, step-by-step guidance.

The information below is based on the Texas Civil Practice and Remedies Code, recent appellate decisions, and regulations enforced by the Texas Department of Insurance. While thorough, it is not a substitute for personalized advice. If you have questions after reading, call Louis Law Group at 833-657-4812 for a free case evaluation.

Understanding Texas Personal Injury Law

Statute of Limitations: 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 the cause of action accrues. In plain terms, that means you generally have 24 months from the day you were injured to file suit. Missing the deadline almost always results in case dismissal, no matter how strong your evidence.

• Exceptions: Minors may toll (pause) the clock until their 18th birthday. Fraudulent concealment and the discovery rule can also extend filing time in limited circumstances, such as latent medical device defects.

• Wrongful Death: Surviving family members also face a two-year deadline, starting on the date of death.

Negligence and the 51% Bar Rule

Texas follows a modified comparative fault system, codified in §33.001-33.017 CPRC. If you are 51% or more at fault, you recover nothing. If you are 50% or less responsible, your damages are reduced by your percentage of fault. For example, a jury award of $100,000 becomes $80,000 if you are found 20% negligent. Insurance adjusters know this rule well; having an experienced personal injury lawyer Texas residents trust can prevent unfair blame-shifting.

Damages Available

Compensation, or “damages,” typically falls into three categories:

• Economic: Medical expenses, lost wages, future treatment, and property damage.

• Non-Economic: Pain and suffering, mental anguish, physical impairment, loss of consortium.

• Exemplary (Punitive): Awarded when the defendant acted with gross negligence, malice, or fraud. Texas caps punitive damages at the greater of (a) $200,000 or (b) two times economic damages plus non-economic damages up to $750,000 (§41.008 CPRC).

Common Types of Personal Injury Cases in Texas

Auto and Truck Accidents

From I-10’s “Katy Freeway” to Beltway 8, Houston highways host some of the heaviest traffic nationwide. To prove negligence in a car crash, you must show the driver owed you a duty, breached that duty (e.g., speeding, texting, or drunk driving), and directly caused your injuries. Commercial truck cases may invoke Federal Motor Carrier Safety Regulations and can involve multiple defendants—driver, carrier, loader, and even manufacturers of faulty parts.

Slip, Trip, and Fall (Premises Liability)

Texas premises liability law requires injured visitors to prove the property owner knew or should have known of a dangerous condition and failed to fix or warn. A puddle in an H-E-B aisle or a pothole in a Midtown parking lot can trigger liability if reasonable maintenance would have prevented it.

Workplace and Industrial Injuries

Texas is unusual: employers are not required to subscribe to workers’ compensation insurance. If your employer is a nonsubscriber, you may sue directly and the company loses several negligence defenses. Even when comp coverage exists, third-party claims against subcontractors or equipment manufacturers may enhance recovery.

Defective Products

Under strict liability theories, manufacturers, distributors, and retailers can be held responsible when design defects, manufacturing errors, or inadequate warnings cause injury. Recent Texas cases, such as Hernandez v. Whirlpool Corp., emphasize the need for expert testimony linking product defects to injury.

Wrongful Death

Chapter 71 CPRC allows spouses, children, and parents to recover damages for loss of companionship, mental anguish, and lost earning capacity when negligence or an intentional act causes death. A survival claim can also be filed on behalf of the decedent’s estate for pain and medical bills incurred before passing.

Texas Legal Protections & Regulations

Insurance Requirements

Texas motorists must carry minimum liability coverage of $30,000 per injured person, $60,000 per crash, and $25,000 for property damage (30/60/25). Unfortunately, many crashes involve underinsured drivers. Uninsured/underinsured motorist (UM/UIM) coverage, offered in every policy unless rejected in writing, is often a lifeline.

Medical Malpractice Caps

Statewide reforms in 2003 limit non-economic damages against individual physicians to $250,000 and against health-care institutions to $250,000 each, with an overall cap of $500,000. Understanding these limits is vital when evaluating hospital negligence cases.

Governmental Immunity

The Texas Tort Claims Act waives sovereign immunity in limited scenarios—such as motor-vehicle accidents involving government employees—and imposes a 6-month notice requirement (§101.101 CPRC). Special notice rules also apply to the City of Houston (typically 90 days).

Recent Court Rulings Influencing Injury Claims

• In re Allstate Indemnity Co. (Tex. 2022) clarified discovery limits for insurer claim-handling materials.

• Cameron International Corp. v. Martinez (Tex. 2022) refined product-liability proof standards regarding safer-alternative design.

• J&D Towing, LLC v. American Alternative Insurance Corp. recognized loss-of-use damages even when property is totaled.

Court precedents evolve quickly; retaining a houston accident attorney who tracks new decisions can significantly impact settlement value.

Steps to Take After an Injury

Seek Immediate Medical Attention Your health comes first, and medical records create the foundation of any Texas injury claim. Report the Incident For vehicle collisions, call HPD and file CR-3 crash report if police do not arrive. In slip-and-falls, insist on a written incident report. Document Everything Photograph injuries, property damage, skid marks, and hazard conditions. Save surveillance footage if available. Identify Witnesses Collect names, phone numbers, and written statements promptly before memories fade. Preserve Physical Evidence Do not repair vehicles or discard defective products until an expert inspects them. Notify Insurance—but Cautiously Texas insurers may record statements. Provide only basic facts until you consult counsel. Track Expenses and Losses Keep receipts, pay stubs, and a journal of pain and daily limitations. Consult a Personal Injury Lawyer Texas Residents Trust Early legal guidance can prevent mistakes and protect value.

Dealing with Insurance Adjusters: Insider Tips

Insurance representatives are trained to minimize payouts. In Texas, adjusters may request a recorded statement within days of the accident. You are not legally obligated to provide one to the at-fault carrier, and anything you say can be used to argue comparative fault. Never speculate about injuries—many soft-tissue symptoms appear 48-72 hours later. Politely decline until you have spoken with counsel. When discussing vehicle damage, insist the carrier use OEM parts, not cheaper aftermarket substitutes. Under §542.056 of the Texas Insurance Code, insurers must accept or reject a claim within 15 business days after receiving all necessary documentation. If they violate this timeline, you may seek interest penalties and attorney’s fees. An experienced houston accident attorney knows how to leverage “bad-faith” statutes to accelerate fair payment.

From Settlement Negotiations to Trial: What to Expect

The majority of Texas injury cases settle before trial, often after the “discovery” phase when both sides exchange evidence. A typical timeline includes:

• Pleadings – filing of petition and defendant’s answer.

• Written Discovery – interrogatories, requests for production, and requests for disclosure mandated by Texas Rule of Civil Procedure 194.

• Depositions – sworn testimony of parties, witnesses, and experts.

• Mediation – a confidential settlement conference led by a neutral mediator, required in most Harris County courts.

• Pre-Trial Motions – summary-judgment or Daubert challenges to expert opinions.

• Trial – typically a 12-person jury in district court; verdicts must be unanimous in civil cases filed after September 1, 2021.

If the defense refuses to negotiate in good faith, Louis Law Group’s trial team is prepared to present compelling evidence, accident reconstructions, and medical expert testimony to a Harris County jury. Our reputation for courtroom readiness often drives higher settlements long before the jury is seated.

When to Seek Legal Help in Texas

Minor fender-benders with no injuries can sometimes be handled directly with an insurer. However, you should call an attorney immediately when:

• You suffer broken bones, head trauma, burns, or any injury requiring ongoing treatment.

• Fault is disputed or multiple parties are involved.

• The insurance company delays, denies, or offers a lowball settlement.

• Liability involves a government entity or a nonsubscriber employer.

• A loved one is killed and a wrongful death or survival claim may be appropriate.

Louis Law Group has recovered millions for Texas injury victims. Our team investigates crashes, coordinates medical care, and stands up to billion-dollar insurers. As contingency-fee lawyers, we advance costs and only get paid when you do.

Local Resources & Next Steps for Houston Residents

Government & Regulatory Agencies

Texas Department of Insurance (TDI) – file complaints about unfair claim practices. Texas Civil Practice & Remedies Code Online – review statutes cited in this guide. Texas Judicial Branch – locate Harris County Civil Courts at Law and District Courts. State Bar of Texas – verify attorney licensing and disciplinary history.

Filing in Houston-Area Courts

Most injury suits exceeding $250,000 are filed in the 11th, 61st, 125th, or other district courts housed at 201 Caroline St., Houston. Claims for $250,000 or less may fit within Harris County Civil Courts at Law. Small claims up to $20,000 can be brought in Justice of the Peace precinct courts.

Legal Aid & Community Support

• Lone Star Legal Aid – free civil legal services for qualifying low-income Houstonians.

• Houston Volunteer Lawyers – pro bono counsel for veterans and disaster victims.

• Texas 211 – connect with local medical, housing, and mental-health resources.

Your Next Move

You’ve already taken a crucial step by educating yourself about Texas injury claims. The next step is equally simple: protect your rights before evidence disappears and deadlines expire.

CALL LOUIS LAW GROUP NOW at 833-657-4812 for a free, no-obligation case evaluation. If we don’t win, you don’t pay—period.

Disclaimer

This guide is provided for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Always consult a qualified attorney regarding your specific circumstances. Case results depend on a variety of factors unique to each case.