Injury Lawyer Near Me: Personal Injury Guide – Midland, Texas

Introduction: Why Midland, Texas Residents Need Reliable Personal Injury Information

Midland sits at the heart of the Permian Basin, an economic engine driven by oil, gas, agriculture, and a growing logistics sector. While the city’s prosperity continues to attract new businesses and residents, Midland also reports a steady stream of serious accidents. According to the Texas Department of Transportation, more than 2,100 total crashes occurred on Midland streets and highways in 2022, including fatal collisions along Interstate 20 and State Loop 250. Oil-field work, ranching operations, and commercial trucking corridors all elevate the risk of catastrophic injuries such as traumatic brain injury, spinal cord damage, crush injuries, and severe burns. If you or a loved one has been hurt due to someone else’s negligence, understanding your rights under Texas law is critical before you search online for a “personal injury lawyer near me.” The following guide is written for Midland residents and draws only from authoritative Texas legal sources. It favors the protection of injury victims while remaining strictly factual.

Understanding Your Personal Injury Rights in Texas

The Legal Definition of Negligence

Most personal injury lawsuits in Texas are grounded in negligence. Under Texas common law, a defendant is negligent if he or she owed a legal duty to the plaintiff, breached that duty, and caused damages. The Texas Civil Practice and Remedies Code (CPRC) does not explicitly define negligence, but Chapter 33 provides the framework for assigning responsibility among potentially liable parties.

Statute of Limitations

Texas imposes strict filing deadlines. CPRC §16.003(a) states that a person must bring a personal injury lawsuit “not later than two years after the day the cause of action accrues.” Accrual generally occurs on the date of injury. Missing this two-year statute of limitations usually bars the claim entirely, with limited exceptions (e.g., minority tolling for injured children under CPRC §16.001).

Comparative Fault: Proportionate Responsibility

Texas uses a modified comparative fault model, formally called “proportionate responsibility,” codified in CPRC §33.001–§33.017. The plaintiff may recover damages as long as the plaintiff’s percentage of responsibility does not exceed 50%. However, the court will reduce any monetary award by the plaintiff’s percentage of fault. If a Midland jury finds you 20% responsible for a trucking collision, your $100,000 verdict would be reduced to $80,000.

Common Types of Personal Injury Cases in Texas

Motor Vehicle Collisions

Crashes on I-20, Loop 250, and FM 1788 dominate Midland County dockets. Texas requires all drivers to carry minimum liability insurance under Transportation Code §601.072. When negligent drivers cause injuries, victims may pursue claims against the at-fault driver’s insurer or file an underinsured motorist claim under their own policy.

Oil-Field and Industrial Accidents

The Permian Basin’s energy boom leads to unique hazards—blowouts, toxic chemical exposure, and heavy-equipment failures. Some injured workers are limited to workers’ compensation remedies, but if a non-subscriber employer or a third party (e.g., equipment manufacturer) is at fault, a separate personal injury lawsuit may be possible.

Premises Liability

Ranch supply stores, restaurants along North Big Spring Street, and apartment complexes on Andrews Highway all owe visitors a duty to keep premises reasonably safe. Under CPRC §75.002 and Texas Supreme Court precedent, property owners may be liable for unreasonably dangerous conditions they knew or should have known about.

Trucking and Commercial Vehicle Wrecks

18-wheelers serving Midland’s oil fields travel U.S. 385 and SH 349 daily. Federal Motor Carrier Safety Regulations and Texas Transportation Code §644 establish driver hours-of-service limits and maintenance rules. Violations can support negligence per se claims.

Product Liability

Defective equipment, such as faulty pressure valves or agricultural machinery, is subject to strict liability under CPRC §82.005 if a safer alternative design existed.

Texas Legal Protections & Injury Laws Every Midland Victim Should Know

Caps on Damages

Texas generally has no caps on economic or non-economic damages in ordinary negligence cases. However, medical malpractice claims are capped under CPRC §74.301 at $250,000 per defendant in non-economic damages, up to an overall $500,000 for all providers. Punitive (exemplary) damages are capped at the greater of $200,000 or two times economic damages plus an amount equal to non-economic damages up to $750,000 under CPRC §41.008.

Wrongful Death and Survival Actions

If an accident causes death, certain family members may bring a wrongful-death claim under CPRC §71.002. A separate survival action allows the decedent’s estate to recover damages the victim could have claimed had he or she survived.

Attorney Licensing and Fees

The State Bar of Texas regulates attorney licensing under the Texas Rules of Disciplinary Procedure. Most personal injury lawyers in Midland work on contingency fees, meaning no legal fee is owed unless there is a recovery. CPRC §82.065 regulates attorney contingent-fee agreements, requiring them to be in writing and signed by the client.

Insurance Bad Faith

When an insurer unreasonably denies or delays payment of a valid claim, policyholders may sue under Chapter 541 of the Texas Insurance Code. Violations can trigger treble damages if the insurer acted knowingly.

Steps to Take After a Personal Injury in Texas

• Prioritize Medical Care – Seek treatment at Midland Memorial Hospital or Odessa Regional Medical Center. Immediate documentation links your injuries to the incident.

• Report the Incident – Call Midland Police Department or Texas DPS for motor-vehicle crashes exceeding $1,000 in damage under Transportation Code §550.062.

• Document Evidence – Capture photos of visible injuries, property damage, hazard conditions, and obtain witness information.

• Notify Your Insurer – Most auto policies require prompt notice. Provide facts only; avoid speculative statements.

• Track Expenses – Retain receipts for medical bills, mileage to appointments, prescription costs, and proof of lost wages.

• Avoid Social Media – Statements or photos posted online can be used against you during litigation.

• Consult a Midland Personal Injury Lawyer – A free consultation can clarify deadlines and potential defendants.

When to Seek Legal Help in Texas

Not every minor accident requires litigation, but you should speak with a qualified attorney if:

• You suffered severe injury, permanent impairment, or disfigurement.

• Liability is disputed or multiple parties are involved (e.g., multi-vehicle pile-up on I-20).

• An insurance adjuster offers a low settlement before you complete medical treatment.

• The two-year statute of limitations is approaching.

• Your claim involves complex defendants such as oil-field service companies, out-of-state trucking firms, or product manufacturers.

Experienced attorneys handle discovery under the Texas Rules of Civil Procedure, depose witnesses, gather electronic logging device (ELD) data from commercial trucks, and negotiate with insurers. They may also bring in expert witnesses—accident reconstructionists for high-speed collisions on Loop 250 or petroleum engineers for well-site explosions.

Local Resources & Next Steps for Midland Injury Victims

Medical Providers

• Midland Memorial Hospital – Level III Trauma Center providing emergency and orthopedic care.

• Permian Basin Rehabilitation Center – Outpatient physical therapy and occupational therapy for long-term recovery.

Law Enforcement & Records

Obtain crash reports from the Texas Department of Transportation CRIS website.

• For oil-field incidents, request OSHA investigation findings when available.

Filing Complaints

If you suspect insurance bad faith, file a complaint with the Texas Department of Insurance Consumer Help Line. Verify your attorney’s license through the State Bar of Texas Lawyer Directory.

Support Groups

• Brain Injury Association of Texas – Peer support for TBI survivors.

• Texas 211 – Assistance locating financial aid and counseling services.

Authoritative Legal Sources Cited

Texas Civil Practice & Remedies Code Chapter 16 – Limitations Chapter 33 – Proportionate Responsibility Texas Department of Insurance Consumer Protection TxDOT Crash Statistics

Legal Disclaimer

This guide provides general information only. It is not legal advice. Every case is different. You should consult a licensed Texas personal injury attorney to obtain advice regarding your particular situation.

If you were injured due to someone else's negligence, call Louis Law Group at 833-657-4812 for a free case evaluation and legal consultation.