Personal Injury Rights Guide – Houston, Texas

Introduction: Why Houston Victims Need a Local Guide

Houston, Texas is America’s fourth–largest city and the energy capital of the world. With eight major highways (I-10, I-45, I-69/US 59, Beltway 8, and more), two international airports, the nation’s busiest petrochemical port, and year-round construction, accidents are inevitable. In 2022 alone, the Texas Department of Transportation (TxDOT) recorded more than 66,000 reportable crashes in Harris County. Whether you were rear-ended on the Katy Freeway, suffered burns in a refinery incident along the Houston Ship Channel, or slipped at a Galleria retail store, understanding your rights under Texas personal injury law is essential. This comprehensive guide—written for injury victims and their families—explains Texas statutes, Houston-specific considerations, and how a personal injury lawyer Houston Texas can help you pursue fair compensation.

Understanding Your Personal Injury Rights in Texas

1. Statute of Limitations (Texas Civil Practice & Remedies Code §16.003)

Most personal injury lawsuits in Texas must be filed within two years of the date of injury. Missing this deadline usually bars any court action. Certain exceptions—such as the “legal disability” tolling for minors or the discovery rule in latent toxic exposure cases—apply, but they are narrow. Act quickly after an injury to protect evidence and meet filing deadlines.

2. Comparative Fault – Proportionate Responsibility (CPRC Chapter 33)

Texas follows a modified comparative fault rule. If you are 51 percent or more responsible for your own injuries, you recover nothing. If you are 50 percent or less at fault, your damages are reduced by your percentage of responsibility. For instance, a $100,000 verdict is cut to $60,000 if you are found 40 percent at fault.

3. Recoverable Damages Under Texas Law

• Economic losses: medical bills, lost wages, rehabilitation, home-health services.

• Non-economic losses: pain, mental anguish, physical impairment, disfigurement.

• Exemplary (punitive) damages: allowed under CPRC §41.003 when the defendant’s conduct is fraudulent, malicious, or grossly negligent; capped by §41.008.

4. Right to a Jury Trial

Article I, §15 of the Texas Constitution guarantees the right to trial by jury. In Harris County, personal injury suits are filed in one of the 24 state district courts or statutory county courts at law. Your attorney must follow the Texas Rules of Civil Procedure for pleadings, discovery, and trial preparation.

Common Types of Personal Injury Cases in Houston

• Motor-Vehicle Collisions – High traffic on I-610 and US 290 results in thousands of crashes. Distracted driving and heavy trucking on the Port of Houston corridors increase risk.

• 18-Wheeler & Oilfield Truck Wrecks – Houston’s energy and logistics sectors rely on commercial carriers subject to federal and Texas Transportation Code safety rules.

• Industrial & Refinery Accidents – Explosions, toxic releases, and burns occur at petrochemical plants in Pasadena, Deer Park, and the East End.

• Premises Liability – Slip-and-falls at malls (e.g., Memorial City) or dog bites in Houston’s neighborhoods are governed by Chapter 75 of the CPRC and case law defining invitees versus licensees.

• Medical Malpractice – Houston’s Texas Medical Center houses 60+ institutions. Claims must first undergo the expert-report requirement of CPRC §74.351 and face noneconomic damage caps set in §74.301.

• Wrongful Death & Survival Actions – Family members may sue under CPRC §§71.002–71.004 when negligence causes death.

Texas Legal Protections & Injury Laws

Insurance Requirements & Bad-Faith Protections

The Texas Department of Insurance (TDI) mandates minimum auto liability limits of $30,000 per person / $60,000 per collision / $25,000 property damage. Insurers owe policyholders and claimants duties of good faith; bad-faith practices may trigger additional liability under the Insurance Code Chapter 541.

Pre-Suit Notice & Settlement Offers

Under CPRC §38.001, a prevailing plaintiff may collect attorney’s fees in certain contract-based injury claims (e.g., UM/UIM cases). CPRC §42.002 encourages settlement through formal pre-trial offers that can shift litigation costs.

Health-Care Liens & Subrogation

Texas Property Code §§55.001–55.008 grants hospitals limited liens on recovery for emergency care but caps the lien at 50 percent of the net recovery after attorney’s fees and costs—vital knowledge when negotiating settlements.

Caps on Government Liability

Suits against the City of Houston or METRO fall under the Texas Tort Claims Act (CPRC Chapter 101). Damages are capped at $250,000 per person and $500,000 per occurrence for bodily injury, with strict notice deadlines as short as 90 days for city entities.

Steps to Take After a Personal Injury in Texas

1. Seek Immediate Medical Evaluation

Documenting injuries is mandatory. Visit Level 1 trauma centers such as Ben Taub Hospital or Memorial Hermann—Texas Medical Center. Medical records are key evidence and help rebut defense claims that you delayed treatment.

2. Preserve Evidence

• Photograph the scene, vehicles, and visible injuries.

• Gather witness names and phone numbers.

• Save incident reports from HPD or Harris County Sheriff’s Office.

3. Notify Insurance Carriers (but Be Cautious)

You must notify insurers promptly, but you are not required to give a recorded statement without counsel. Adjusters may use your words to minimize payouts.

4. Track All Economic Losses

Keep receipts for medical co-pays, prescriptions, parking at MD Anderson, and wage-loss documentation from employers.

5. Consult an Attorney Early

An experienced houston accident attorney can send preservation letters, hire accident reconstructionists, and negotiate liens, maximizing net recovery.

When to Seek Legal Help in Texas

You should contact a lawyer immediately if:

• Liability is disputed or multiple parties (e.g., multi-vehicle pileups on I-45) share fault.

• You suffered catastrophic injuries (spinal cord, TBI) requiring future life-care plans.

• An insurance carrier delays, denies, or underpays your claim (bad faith).

• The defendant is a governmental unit (special notice and caps apply).

• Evidence (e.g., 18-wheeler ECM data) may be destroyed if not preserved under Federal Motor Carrier Safety Regulations and Rule 34 requests.

Texas attorneys are licensed by the State Bar of Texas and must follow the Texas Disciplinary Rules of Professional Conduct. Always verify a lawyer’s disciplinary history on the State Bar website before hiring.

Local Resources & Next Steps for Houston Claimants

Texas Statutes (Official) Texas Department of Insurance State Bar of Texas – Lawyer Referral & Complaints TxDOT Crash Statistics Memorial Hermann Trauma Services

Checklist Before You Call a Lawyer

• Confirm the incident date—calculate the two-year statute of limitations.

• Collect all medical records and bills.

• Obtain the official crash/incident report.

• List lost workdays and wage data.

• Prepare photographs and witness contacts.

Disclaimer: This guide provides general information about Texas personal injury law. It is not legal advice. 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.