Personal Injury Guide for Claimants in Lubbock, Texas

Introduction: Why Lubbock Injury Victims Need a Texas-Focused Guide

Lubbock, Texas – the economic hub of the South Plains – sees thousands of miles of farm roads, U.S. 62/82, Loop 289, and the fast-growing Marsha Sharp Freeway funneling drivers, oilfield trucks, and Texas Tech students through the city every day. Add dust storms, large agricultural equipment, and the region’s booming construction industry, and personal injuries are unfortunately common. Whether you were rear-ended near Texas Tech University, hurt in a cotton-gin accident outside Slaton, or slipped on an icy sidewalk after a Panhandle cold front, Texas law gives you specific rights to pursue compensation.

This comprehensive guide explains those rights, the statutes that protect you, and the practical steps Lubbock residents should take after an accident.

Understanding Your Personal Injury Rights in Texas

Statute of Limitations

Under Texas Civil Practice and Remedies Code §16.003(a), you generally have two years from the date of injury to file a lawsuit for negligence, product liability, or wrongful death. Missing that deadline usually bars recovery, so mark the date carefully.

Comparative Fault Rules

Texas follows a “modified comparative fault” system codified in Chapter 33, Texas Civil Practice and Remedies Code. You may recover damages if you are not more than 50% at fault. However, your award is reduced by your percentage of responsibility. For example, a $100,000 judgment where you are found 20% responsible becomes $80,000.

Damages Available

• Economic damages: medical bills, lost wages, property damage.
• Non-economic damages: pain and suffering, mental anguish, disfigurement.
• Exemplary (punitive) damages: available only on clear and convincing evidence of fraud, malice, or gross negligence (Tex. Civ. Prac. & Rem. Code §41.003).

Right to an Attorney

Any attorney who represents you in Texas must be licensed by the State Bar of Texas and comply with the Texas Disciplinary Rules of Professional Conduct. Contingent fee agreements must be in writing (Texas Rule 1.04).## Common Types of Personal Injury Cases in Texas

Motor-Vehicle Collisions

According to the Texas Department of Transportation, Lubbock County recorded more than 6,000 crashes in 2023, many along U.S. 84 and Loop 289. High speeds and limited visibility during dust storms increase rear-end and rollover risks.

Oilfield and Agricultural Accidents

The South Plains’ economy revolves around cotton, cattle, and energy. Injuries from drilling rigs, grain augers, and heavy tractors often involve OSHA regulations and third-party contractors, creating complex liability chains.

Premises Liability

Texas property owners owe varying duties of care to invitees, licensees, and trespassers. Slip-and-falls at local retailers like South Plains Mall, dog bites in Tech Terrace, and negligent security claims at apartment complexes are governed by premises liability principles and Timberwalk v. Cain, 972 S.W.2d 749 (Tex. 1998).

Product Liability

Defective machinery, medical devices, or farm chemicals may trigger strict liability under Texas law. Plaintiffs must prove the product was unreasonably dangerous when it left the manufacturer’s control (McKisson v. Sales Affiliates, 416 S.W.2d 787 (Tex. 1967)).

Medical Malpractice

Texas Civil Practice and Remedies Code Chapter 74 imposes special requirements, including a 120-day deadline to serve expert reports. Lubbock’s two major hospitals – University Medical Center and Covenant Health – are frequent defendants in malpractice suits.

Texas Legal Protections & Injury Laws

Pleading and Service Rules

Personal injury lawsuits follow the Texas Rules of Civil Procedure. Suit typically begins with an Original Petition filed in the 99th District Court or Lubbock County Court at Law, then served under Rule 106.

Pre-Suit Notice and Affidavits

• Medical malpractice: 60-day notice letter (Tex. Civ. Prac. & Rem. Code §74.051).
• Claiming medical expenses: affidavits under §18.001 streamline admission of billing records.

Proportionate Responsibility and Contribution

Multiple defendants may designate responsible third parties (RTPs) under §33.004, shifting blame and influencing settlement dynamics.

Insurance Requirements

Texas motorists must carry minimum 30/60/25 liability coverage. Claims proceed first through insurance adjusters governed by the Texas Department of Insurance Fair Claim Settlement Practices (28 TAC §§21.203-21.206).

Steps to Take After a Personal Injury in Texas

1. Seek Immediate Medical Care

Go to University Medical Center ER, Covenant Medical Center, or the nearest urgent care within 24 hours. Prompt treatment documents causation and damages.

2. Preserve Evidence

• Photograph the crash scene on Slide Road or the defective ladder at your jobsite.
• Collect names, phone numbers, and insurance information for all involved parties and witnesses.
• Request the Lubbock Police Department or Texas DPS crash report (CR-3).

3. Notify Employers and Insurers

Report workplace injuries to your supervisor within 30 days – a Texas Workers’ Compensation rule (Tex. Lab. Code §409.001).

4. Track Expenses

Keep every bill, prescription receipt, and mileage log. Texas allows recovery of reasonably necessary medical expenses proved with §18.001 affidavits.

5. Avoid Social Media Missteps

Defense counsel routinely monitor Facebook and Instagram for posts contradicting claimed injuries. A single photo from a Texas Tech football game can undercut pain claims.

6. Consult a Qualified Attorney Early

A personal injury lawyer Lubbock Texas will calculate deadlines, preserve evidence via spoliation letters, and negotiate with insurers.

Discover more about our services on the Louis Law Group website.

When to Seek Legal Help in Texas

Indicators You Need Counsel

• Liability is disputed or multiple parties (e.g., multi-vehicle pileup on Interstate 27).

• You suffered serious injuries requiring surgery or future care.

• The insurer delays, denies, or offers a lowball settlement.

• Product liability, medical malpractice, or oilfield accidents with complex regulations.

Choosing the Right Attorney

Verify State Bar of Texas license.- Ask about experience in Lubbock courts and familiarity with West Texas juries.

• Review contingency fee terms and litigation expenses in writing (Rule 1.04).

Local Resources & Next Steps

• Lubbock County District Clerk: file records and obtain copies of pleadings.

• Lubbock Police Department Records Division: crash reports (806-775-2674).

• Texas Department of Transportation Crash Records: statewide accident data.

• Texas Workforce Commission: wage-loss documentation and unemployment info.

• Texas Department of Insurance Consumer Help Line: 800-252-3439 for insurer complaints.

Remember, Lubbock juries are known for valuing personal responsibility but also compensating legitimate injuries. Early investigation and clear documentation drive favorable settlements.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Laws change, and every case is unique. Consult a licensed Texas attorney regarding your specific circumstances.

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.