Personal Injury Guide: Injury Lawyer in Midland, Texas

Introduction: Why Midland, Texas Residents Need a Focused Personal Injury Guide

Midland sits at the heart of the Permian Basin, where oilfield operations, heavy trucking, and rapid population growth converge on a daily basis. Unfortunately, that economic dynamism also translates into a higher-than-average rate of workplace incidents, commercial vehicle collisions on Interstate 20, and severe weather–related accidents. If you have been hurt in any of these situations, you likely typed “personal injury lawyer Midland Texas” into a search engine because you want clear, local, and practical answers—fast. This guide delivers exactly that. Every statement that follows is grounded in authoritative Texas law, such as the Texas Civil Practice and Remedies Code, the Texas Rules of Civil Procedure, and binding opinions from Texas appellate courts. Where the law is silent, we stay silent. The focus is on empowering Midland injury victims with plain-language explanations of your rights, deadlines, and options so you can make informed decisions about pursuing compensation.

Understanding Your Personal Injury Rights in Texas

Texas Statute of Limitations: The Two-Year Countdown

Under Texas Civil Practice and Remedies Code §16.003(a), most personal injury claims—including motor vehicle collisions, premises liability, and non-fatal workplace accidents—must be filed in court within two years from the date the cause of action accrues. Missing this deadline typically bars recovery. Certain exceptions (for minors, legal disability, or the discovery rule in latent injury cases) may toll the period, but those are narrowly construed by Texas courts. Always confirm your specific deadline with a licensed attorney as soon as possible.

Comparative Fault: Texas Proportionate Responsibility Rules

Texas follows a modified comparative fault model codified in Texas Civil Practice and Remedies Code §§33.001–33.017. If you are found more than 50 percent responsible for your own injuries, you recover nothing. If you are 50 percent or less at fault, your damages are reduced in proportion to your percentage of responsibility. Insurance adjusters know this rule well and may leverage it to minimize settlements, so documenting evidence and witness testimony quickly is crucial.

Available Damages Under Texas Law

• Economic damages—medical bills, lost wages, rehabilitation costs.

• Non-economic damages—pain and suffering, mental anguish, physical impairment.

• Exemplary damages (sometimes called punitive damages)—only when clear and convincing evidence shows fraud, malice, or gross negligence (see Tex. Civ. Prac. & Rem. Code §41.003).

Common Types of Personal Injury Cases in Midland and Across Texas

Oilfield and Rig Accidents

Midland’s economy is powered by the oil and gas industry. Explosions, equipment failures, and transportation mishaps on lease roads frequently generate workplace injuries subject to either Texas Workers’ Compensation or third-party negligence claims. The Texas Department of Insurance’s Division of Workers’ Compensation can clarify whether your employer subscribes to the state system.

Commercial Truck and 18-Wheeler Collisions

Interstate 20 and State Highway 349 see significant commercial traffic. Federal Motor Carrier Safety Administration (FMCSA) regulations intersect with Texas negligence law, especially regarding driver fatigue, hours-of-service logs, and vehicle maintenance records. Rapid evidence preservation letters are vital because trucking companies may purge electronic logging device (ELD) data after a short retention period.

Motor Vehicle Accidents

Beyond trucks, everyday car crashes remain a leading cause of injury in Midland. Texas Transportation Code §601.051 requires motor vehicle liability insurance, but minimum limits (30/60/25) may not cover catastrophic losses. Uninsured/underinsured motorist (UM/UIM) coverage can fill gaps if included in your policy.

Premises Liability & Slip-and-Fall

Property owners owe varying duties to invitees, licensees, and trespassers. The Texas Supreme Court’s decision in CMH Homes v. Daenen, 15 S.W.3d 97 (Tex. 2000) reiterates the requirement to prove both a dangerous condition and the owner’s actual or constructive knowledge.

Dog Bites and Animal Attacks

Texas applies the “one bite” rule discussed in Marshall v. Ranne, 511 S.W.2d 255 (Tex. 1974), but recent cases show that negligence theories—such as failure to control a known aggressive animal—remain viable routes for recovery.

Texas Legal Protections & Injury Laws

Rules of Civil Procedure You Must Know

Personal injury lawsuits in Texas district or county courts follow the Texas Rules of Civil Procedure. Key early stages include:

• Pleadings—Plaintiff files an Original Petition stating jurisdiction, facts, and requested relief.

• Service of Process—Under Rule 106, defendants must be served personally or via substituted service authorized by the court.

• Answer Deadline—Most defendants have until 10:00 a.m. on the Monday next after 20 days following service to file an answer (Rule 99).

• Discovery Phase—Interrogatories, requests for production, and depositions occur under Level 1, 2, or 3 discovery plans (Rule 190).

• Alternative Dispute Resolution—Courts often compel mediation before trial, per Tex. Civ. Prac. & Rem. Code §154.021.

Limits on Damages in Texas

Unlike medical malpractice actions (capped by Tex. Civ. Prac. & Rem. Code §74.301), ordinary negligence claims have no statutory cap on non-economic damages. However, exemplary damages are capped per §41.008: the greater of (a) two times the amount of economic damages plus the amount equal to non-economic damages found by the jury not to exceed $750,000; or (b) $200,000.

Attorney Licensing and Fees

An attorney must be licensed by the State Bar of Texas under Texas Government Code §81.051 to appear in state courts. Contingency fee agreements in personal injury matters are permitted, but Tex. Disciplinary Rules Prof. Conduct 1.04 require that the agreement be in writing and clearly state the method by which the fee is determined.

Steps to Take After a Personal Injury in Texas

1. Seek Immediate Medical Care

Documenting injuries at Midland Memorial Hospital or urgent care centers like FirstMed is essential both for your health and for creating a medical record. Delays allow insurers to argue you were not seriously injured.

2. Report the Incident

Whether the injury occurred on the road, on private property, or in the workplace, timely reporting is critical. For vehicle crashes, Texas Transportation Code §550.062 requires drivers to file a Texas Peace Officer’s Crash Report (CR-3) when injuries or more than $1,000 in property damage occur.

3. Preserve Evidence

• Photograph the scene, injuries, and property damage.

• Collect witness names and contact information.

• Maintain copies of medical bills, doctor’s notes, and work-related wage statements.

4. Notify Insurance—but Cautiously

Texas Insurance Code §542.055 imposes timelines on insurers to acknowledge and begin investigating a claim (15 calendar days). Give basic facts but avoid recorded statements until you have consulted counsel.

5. Consult an Attorney Early

Early legal help can stop evidence spoliation, calculate damages accurately, and negotiate with insurers. Look for a lawyer who handles texas personal injury law daily and is familiar with Midland juries.

When to Seek Legal Help in Texas

Although you may represent yourself in small claims court, complex cases—especially those involving comparative fault arguments, multiple defendants, or six-figure medical bills—warrant a skilled Midland accident attorney. Indicators you should hire counsel include:

• Severe or permanent injuries, such as spinal cord damage or traumatic brain injury.

• Disputed liability or lowball settlement offers.

• A commercial vehicle or corporate defendant with extensive legal resources.

• Approaching statute of limitations within six months.

A recent Texas appellate opinion, In re Farmers Tex. Cty. Mut. Ins. Co., 621 S.W.3d 261 (Tex. 2021), underscores how insurers strategically use procedural rules to delay or restrict discovery. A professional advocate can level the playing field.

Local Resources & Next Steps for Midland Injury Victims

Emergency and Ongoing Medical Care

Midland Memorial Hospital (Level III Trauma Center) Urgent care: FirstMed of Midland

Court Locations

• Midland County Courthouse: 500 N. Loraine St., Midland, TX 79701 (for state district and county courts)

• Federal cases: United States District Court, Western District of Texas, Midland-Odessa Division

Government & Legal Assistance

State Bar of Texas Lawyer Referral Service Texas Department of Insurance

Checklist: Preparing for Your First Attorney Meeting

• Gather the police or incident report number.

• Compile medical records and billing statements.

• List time missed from work and wage documentation.

• Collect photographs, video, and witness details.

• Bring all insurance correspondence.

Legal Disclaimer: This guide provides general information only. It is not legal advice and does not create an attorney–client relationship. Always consult a licensed Texas attorney for advice on your specific 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.