Houston Texas Personal Injury Law Guide & Your Rights

Introduction: Your Roadmap to Texas Personal Injury Relief in Houston

Houston’s bustling freeways, busy commercial corridors, and thriving industrial sites make it one of America’s most dynamic—yet accident-prone—cities. According to the Texas Department of Transportation, Harris County consistently records the highest number of traffic crashes in the state. Slip-and-falls in crowded retail centers, offshore injuries tied to Houston’s energy sector, and product failures in consumer goods sold throughout the city all add to the volume of injury claims filed every year. If you suffered harm in any of these scenarios, understanding Texas personal injury law and the local procedures that apply in Houston is crucial to protecting your physical, emotional, and financial well-being.

This comprehensive guide—written slightly in favor of injured individuals—explains how fault is determined, outlines strict filing deadlines, and offers actionable, step-by-step advice to strengthen your claim. You will learn:

• Key provisions of the Texas Civil Practice and Remedies Code
• How the state’s modified comparative fault system affects compensation
• Special rules that apply to auto, premises, workplace, product-liability, and wrongful-death cases
• Practical steps to take immediately after an accident to preserve evidence
• When to hire a Houston accident attorney and how Louis Law Group can help

Armed with these insights, you will be in a stronger position to negotiate with insurers, file a lawsuit if necessary, and pursue the maximum compensation Texas law allows.

Understanding Texas Personal Injury Law

1. Statute of Limitations: The Two-Year Deadline

The Texas Civil Practice and Remedies Code (§16.003) provides that most personal injury and wrongful-death actions must be filed within two years of the date the injury occurred or the date of death. Missing this window almost always bars your claim, no matter how severe the harm. A few narrow exceptions—such as the legal-disability tolling for minors or the discovery rule in certain defective-product cases—can extend the timeframe, but courts apply these sparingly.

2. Negligence and the Modified Comparative Fault Rule

Texas follows a “51-percent bar” modified comparative fault system. Under §33.001 of the Civil Practice and Remedies Code, an injured party can recover damages so long as they were not more than 50 percent responsible for the accident. However, any award is reduced by the claimant’s percentage of fault. If a jury finds you 30 percent at fault for a Houston multi-vehicle collision, your $100,000 verdict becomes $70,000.

3. Burden of Proof

You, as the plaintiff, must prove four elements by a preponderance of the evidence: (1) duty, (2) breach, (3) causation, and (4) damages. In practical terms, you must show the defendant owed you a duty of reasonable care, breached that duty, and directly caused your losses. Evidence may include police crash reports, medical records, surveillance footage, eyewitness testimony, and expert opinions.

Common Types of Personal Injury Cases in Texas

1. Auto and Truck Accidents

Houston’s I-610 Loop and I-45 corridor are notorious for congestion and high-speed collisions. For car accidents, liability typically hinges on violations of the Texas Transportation Code—such as speeding, drunk driving, or distracted driving. Commercial truck incidents also trigger federal safety regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA). Because Texas is a fault-based auto insurance state, injured parties generally file claims against the at-fault driver’s insurer.

2. Slip-and-Falls (Premises Liability)

Business owners in Texas must keep their premises reasonably safe and warn visitors of hidden dangers. You must prove the property owner knew or should have known about the hazard and failed to fix it. The landmark case Wal-Mart Stores, Inc. v. Reece, 81 S.W.3d 812 (Tex. 2002) clarified that plaintiffs must establish actual or constructive notice of the spill or defect.

3. Workplace Injuries

Texas is the only state that does not require private employers to carry workers’ compensation. If your Houston employer is nonsubscribing, you may sue directly for negligence, and the employer loses several common defenses, such as assumption of risk. When workers’ comp coverage exists, benefits are defined by the Texas Labor Code, and disputes go through the Division of Workers’ Compensation.

4. Defective Products

Product-liability claims in Texas may be based on manufacturing defects, design defects, or marketing defects (inadequate warnings). The statute of repose under §16.012 bars claims more than 15 years after the product’s sale, absent explicit warranty extensions. Successful plaintiffs often rely on expert engineering testimony to connect the defect to the injury.

5. Wrongful Death

When negligence or a dangerous product causes death, the decedent’s surviving spouse, children, and parents may pursue damages under §71.002. Recoverable damages include loss of companionship, mental anguish, and lost earning capacity.

Texas Legal Protections & Regulations

1. Damage Caps

• Medical Malpractice: Non-economic damages are capped at $250,000 per claimant against a single physician or health-care provider and $500,000 overall for all providers, per Tex. Civ. Prac. & Rem. Code §74.301.
• Governmental Liability: Claims against the City of Houston or Harris County are limited by the Texas Tort Claims Act to $250,000 per person and $500,000 per occurrence for bodily injury, plus $100,000 for property damage.

2. Recent Court Rulings Impacting Houston Claims

In re ExxonMobil Corp., 2022 Tex. LEXIS 469 (Tex. Sup. Ct. 2022) reaffirmed that corporate defendants can face punitive damages if “actual, subjective awareness” of extreme risk is proven. Meanwhile, Cortez v. Hennes & Mauritz, L.P., 2021 Tex. App. LEXIS 4043 (14th Dist. Houston) emphasized the need for evidence showing the hazard existed long enough for the proprietor to discover it.

3. Insurance Regulations

The Texas Department of Insurance (TDI) oversees insurer conduct, policy forms, and claims-handling practices. If an insurer unreasonably delays or denies your claim, you may have an additional cause of action under Chapter 542, also called the Texas Prompt Payment of Claims Act.## Steps to Take After an Injury

1. Seek Immediate Medical Care

Your health is paramount, and prompt treatment documents the causal link between the incident and your injuries. Inform medical providers of every symptom, however minor, to create a thorough record.

2. Notify Authorities and Gather Initial Evidence

• Auto Accidents: Call Houston Police Department (HPD) or Harris County Sheriff’s Office to secure an official crash report.
• Workplace Accidents: Report immediately to your supervisor and complete Form DWC-41 if pursuing workers’ comp.
• Premises Injuries: Request an incident report and take photos of the hazard before it is repaired.

3. Preserve Physical and Digital Evidence

Save damaged products, keep clothing unwashed, and back up smartphone images to the cloud. Obtain security-camera footage quickly—many Houston businesses overwrite video within 30 days.

4. Track Damages

Maintain a journal detailing pain levels, emotional distress, and out-of-pocket expenses. Keep receipts for prescriptions, medical devices, and transportation to doctor appointments.

5. Notify the Insurer—but Be Cautious

Most auto and homeowners’ policies require timely notice of a claim. Provide the basics—dates, locations, and parties involved—without giving a recorded statement until you consult an attorney. Remember, insurers are for-profit entities that may minimize payouts.

When to Seek Legal Help in Texas

While minor fender-benders with minimal injuries may be resolved directly with an insurer, the following red flags suggest it is time to contact a personal injury lawyer Texas:

• Severe injuries requiring hospitalization, surgery, or long-term rehabilitation
• Disputed liability—especially when the defense blames you
• Multiple parties or commercial defendants (e.g., trucking companies)
• Governmental entities or public carriers are involved
• The insurer delays, denies, or offers a lowball settlement

Louis Law Group’s Houston team leverages medical experts, accident reconstructionists, and in-house investigators to build compelling cases. The firm handles cases on a contingency fee basis—no legal fees unless you recover compensation.

Local Resources & Next Steps

Harris County District Courts – File personal injury lawsuits exceeding $250,000 in damages.Houston Volunteer Lawyers – Free legal aid for qualifying residents.Texas Civil Practice & Remedies Code – Full text of statutes governing injury claims. If you have been harmed in a Houston accident—whether on I-45, at a Galleria shopping center, or on the job at the Port of Houston—do not delay. Evidence fades, witnesses move, and the two-year clock starts ticking the day you are injured. Louis Law Group offers personalized service, aggressive negotiation, and trial-ready representation aimed at maximizing your recovery.

Ready to Protect Your Rights?

If you’ve been injured in Texas, call 833-657-4812 for a free case evaluation. Let the experienced attorneys at Louis Law Group fight for the compensation you deserve.## Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Every case is unique. Reading this content does not create an attorney-client relationship. Consult a licensed Texas attorney regarding your specific circumstances.