Personal Injury Guide: Know Your Rights in Houston, Texas

Introduction: Why Houston Injury Victims Need a Focused Guide

Houston is the fourth-largest city in the United States and the economic engine of Southeast Texas. From busy corridors such as I-45, U.S. 59, and the Sam Houston Tollway to petrochemical plants along the Ship Channel, Houstonians encounter unique risks every day. In 2023 alone, the Texas Department of Transportation (TxDOT) recorded more than 67,000 reportable crashes in Harris County. Oil-field support companies operate out of the Port of Houston, massive semi-trucks roll through the Energy Corridor, and the city’s humid subtropical climate contributes to slick roads after sudden storms.

If you were injured in any of these environments, you may be searching online for a “personal injury lawyer Houston Texas.” This guide distills Texas-specific statutes, Harris County court procedures, and local resources to help you protect your legal rights. While slightly favoring injury victims, every statement below is backed by authoritative sources such as the Texas Civil Practice and Remedies Code (TCPRC), Texas Rules of Civil Procedure, and published Texas appellate opinions. When in doubt, consult a licensed attorney.

Understanding Your Personal Injury Rights in Texas

1. You Have a Limited Time to File

Under TCPRC §16.003(a), “a person must bring suit for personal injury not later than two years after the day the cause of action accrues.” In most cases, this means two years from the date of the accident. Failing to file within that window can permanently bar recovery—no exceptions for good faith or ongoing negotiations.

2. Comparative Fault Rules

Texas follows a modified comparative fault system codified in TCPRC Chapter 33. A jury assigns each party a percentage of responsibility. If you are found more than 50% at fault, you recover nothing. Otherwise, your damages are reduced in proportion to your percentage of fault. Because insurance adjusters know this, they often try to shift blame onto injured parties; early evidence preservation is critical.

3. Recoverable Damages

• Economic damages: medical expenses, lost wages, rehabilitation costs.

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

• Exemplary damages (punitive): available under TCPRC §41.003 when the defendant acted with malice, fraud, or gross negligence, but subject to statutory caps.

4. Direct Action Against Insurers

Texas is not a “direct-action” state for most auto claims; you generally sue the negligent driver, not their insurer. However, you can sue your own insurer under underinsured motorist (UIM) provisions, and you may pursue bad-faith actions governed by the Texas Insurance Code Chapter 541.

Common Types of Personal Injury Cases in Houston and Texas

Motor Vehicle Collisions

  Houston’s intersection of I-10 and I-45—one of the busiest interchanges nationwide—creates a high risk of multi-car pile-ups. Commercial vehicle crashes also rise near the Port of Houston.

18-Wheeler and Oilfield Truck Accidents

  Energy sector logistics mean heavy trucks on SH-225 and Loop 610. Federal Motor Carrier Safety Regulations (49 C.F.R. §350-399) apply, but Texas courts often hear the resulting injury suits.

Industrial and Refinery Explosions

  Harris County hosts over 500 chemical facilities. Workers and nearby residents may bring claims for negligence, premises liability, or product liability.

Slip, Trip, and Fall Incidents

  Property owners owe duties under *CMH Homes v. Daenen*, 15 S.W.3d 97 (Tex. 2000). Premises liability claims must prove knowledge of the hazard and failure to remedy.

Dog Bites and Animal Attacks

  While Texas has no specific “one-bite rule,” common-law negligence allows recovery when the owner knew or should have known the animal’s vicious propensities.

Wrongful Death

  Surviving spouses, children, and parents may sue under **TCPRC §71.004**. A separate estate claim may pursue survival damages.

Texas Legal Protections & Injury Laws

A. Statutes of Limitation and Repose

• General personal injury: 2 years (§16.003).

• Product liability: 2 years plus a 15-year statute of repose (§16.012).

• Medical malpractice: 2 years, but expert-report requirements under TCPRC §74.351 apply.

B. Proportionate Responsibility in Practice

During trial, the jury receives a “broad-form question” apportioning fault among all persons, even those not sued (Fabre defendants). The court then reduces the plaintiff’s recovery by their percentage. This makes pre-suit investigation—accident reconstruction, witness statements, black-box downloads—vital.

C. Evidence and Discovery Rules

The Texas Rules of Civil Procedure govern discovery. Rule 194 now mandates initial disclosures, including insurance policy limits. Failure to timely supplement can lead to evidence exclusion under Rule 193.6.

D. Caps on Certain Damages

Only health-care liability claims have express noneconomic caps—$250,000 per physician and $500,000 per facility—under TCPRC §74.301. No caps exist for standard auto or premises cases.

E. Negligence Per Se

Violating a safety statute (e.g., Texas Transportation Code §545.351, unsafe speed) can establish negligence per se, shifting the burden to the defendant to rebut causation.

Steps to Take After a Personal Injury in Texas

Seek Immediate Medical Attention

  EMS transport often goes to Houston Methodist, Memorial Hermann, or Ben Taub Hospital. Prompt care documents injuries and links them to the incident.

Notify Law Enforcement or Management

  For motor vehicle collisions, obtain the CR-3 police report via the [TxDOT Crash Records Information System](https://cris.dot.state.tx.us/public/Purchase/Index).

Preserve Evidence

  Take photos, gather witness contacts, and retain damaged items. Under TCPRC §18.001, medical billing affidavits can streamline proof of expenses, but only if timely served.

Notify Insurance—but Limit Recorded Statements

  Texas insurers must respond within 15 business days under **Texas Insurance Code §542.055**. Provide basic facts but avoid speculation on fault or injury severity.

Calculate Deadlines and Lien Issues

  Medicare, Medicaid, and hospital liens (TCPRC §55.002) can affect net recovery. Prompt notice enables negotiation before settlement.

When to Seek Legal Help in Texas

Indicators You Need a Lawyer

• Disputed liability or police report blaming you.

• Commercial defendants with rapid-response teams (trucking, refineries).

• Serious injuries: fractures, surgeries, traumatic brain injury (TBI).

• Insurance offers that do not cover medical bills.

• Approaching the two-year statute of limitations.

A Houston accident attorney can file a petition in the Harris County Civil Courts at Law (claims ≤ $250,000) or the 11th, 55th, 113th, or other Harris County District Courts (no monetary limit). Venue is proper where the accident occurred or where the defendant resides (TCPRC §15.002).

Local Resources & Next Steps

Hospitals and Rehabilitation Centers

• Memorial Hermann Trauma Center — Level I trauma care.

• TIRR Memorial Hermann — nationally ranked for rehabilitation.

Court Locations

• Harris County Civil Courthouse, 201 Caroline St., Houston, TX 77002.

• Harris County Justice of the Peace Courts handle small claims ≤ $20,000.

Transportation & Crash Data Links

TxDOT Official Site Houston-Galveston Area Council Transportation Safety Texas State Law Library — Personal Injury Resources

By leveraging these resources and understanding Texas personal injury law, you improve your chances of receiving full Texas injury compensation.

Legal Disclaimer

This guide provides general information for Houston, Texas residents. It is not legal advice. Laws may change, and application varies by facts. Always consult a licensed Texas attorney before taking legal action.

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.