Plano Guide to Texas Personal Injury Law & Your Rights

Estimated Read Time: 12 min read

Introduction: Why Plano Residents Need a Local Guide to Texas Personal Injury Law

Whether you are commuting along the President George Bush Turnpike, shopping at The Shops at Legacy, or working at one of Plano’s many corporate campuses, accidents can strike without warning. In 2022, the Texas Department of Transportation (TxDOT) recorded more than 4,300 traffic crashes in Plano alone, leading to hundreds of injuries and several fatalities. That statistic does not account for slip-and-fall incidents at commercial properties, workplace accidents in booming construction zones, or injuries caused by defective consumer products shipped from the Dallas–Fort Worth (DFW) logistics hub.

If you or a loved one has been hurt, understanding Texas personal injury law in Plano empowers you to preserve evidence, negotiate with insurers, and—when necessary—pursue a lawsuit for full and fair compensation. This comprehensive guide explains the statutes, deadlines, and strategies every injured Texan should know. While the focus leans slightly toward protecting claimants, it remains grounded in accurate Texas law and court procedure.

Key Topics Covered

• Texas negligence and comparative fault standards

• Deadlines under the Texas Civil Practice & Remedies Code (CPRC)

• Common injury cases—auto, premises liability, workplace, product defects, and wrongful death

• Differing damage caps and insurance obligations

• Step-by-step instructions on what to do immediately after an accident

• Local resources for Plano residents

• When to hire a Plano accident attorney and how Louis Law Group can help

Understanding Texas Personal Injury Law

1. Statute of Limitations: The Two-Year Clock

Under CPRC §16.003, most personal injury and wrongful-death lawsuits must be filed within two years of the date the cause of action accrues. Missing this deadline generally bars recovery. Exceptions include:

• Discovery Rule: The clock may start when the injury is discovered or reasonably should have been discovered (e.g., latent product defects).

• Minor Plaintiffs: For children under 18, the period is tolled until their 18th birthday.

• Claims Against Government Entities: Notice must be filed within six months—or sooner under local charters—per CPRC §101.101.

2. Negligence & Comparative Fault

Texas follows a modified comparative fault doctrine known as the 51% Bar Rule (CPRC §33.001). You may recover damages reduced by your percentage of fault so long as you are not more than 50% responsible. For example, if a jury finds you 30% at fault in a car crash and awards $100,000 in damages, your net recovery is $70,000.

To prevail on negligence, a plaintiff must prove:

• Duty of care

• Breach of that duty

• Causation (actual and proximate)

• Damages (economic and/or noneconomic)

3. Damages Available

• Economic: Medical bills, lost wages, diminished earning capacity, property damage.

• Noneconomic: Pain and suffering, mental anguish, loss of consortium.

• Exemplary (Punitive): Only when the plaintiff proves malice, fraud, or gross negligence by clear and convincing evidence (CPRC §41.003).

4. Damage Caps

Texas generally does not cap damages in standard negligence cases except:

Medical malpractice: Non-economic damages are capped at $250,000 per defendant and $500,000 overall (CPRC §74.301).

• Government defendants: $250,000 per person and $500,000 per incident for bodily injury; $100,000 for property damage (CPRC §101.023).

Common Types of Personal Injury Cases in Plano and How to Prove Them

A. Auto & Truck Accidents

Plano’s proximity to U.S. 75 and the Dallas North Tollway means heavy commuter and commercial traffic. Texas is an at-fault state; injured parties file claims against the responsible driver, not their own insurer—except under optional Personal Injury Protection (PIP).

Evidence includes police crash reports (Plano Police Department participates in the TxDOT CRIS system), dash-cam footage, skid-mark analysis, ECM downloads for trucks, and eyewitness testimony.

B. Slip-and-Fall / Premises Liability

Property owners owe differing duties of care depending on whether the visitor is an invitee, licensee, or trespasser. In retail environments like Legacy West, invitees must be protected from unreasonably dangerous conditions the owner knew or should have known about. Photographs of spills, incident reports, and surveillance videos are key.

C. Workplace Injuries

Texas is the only state that does not require private employers to carry workers’ compensation insurance. If your employer is a non-subscriber, you may sue directly for negligence without facing statutory caps on damages. For subscribing employers, you typically file an administrative worker’s comp claim, but third-party suits (e.g., against equipment manufacturers) remain viable.

D. Defective Products

Plano consumers frequently purchase electronics and auto parts manufactured worldwide. Texas recognizes claims for design defects, manufacturing defects, and failure to warn. Plaintiffs can sue retailers, distributors, and manufacturers jointly and severally if the product is unreasonably dangerous.

E. Wrongful Death & Survival Actions

Under CPRC §§71.002–71.004, spouses, children, and parents may recover wrongful-death damages, including lost household income, loss of companionship, and mental anguish. The estate may also pursue a survival action for damages the decedent could have claimed had they lived.

Texas Legal Protections & Recent Court Rulings

1. Texas Department of Insurance (TDI) Oversight

The Texas Department of Insurance regulates insurers and adjusts complaint processes. Policyholders can file grievances if an insurer delays or underpays a valid claim, leveraging the Prompt Payment of Claims Act (Texas Insurance Code Ch. 542).

2. Recent Caselaw Influencing Injury Claims

• In re Allstate Indemnity Co. (Tex. 2021): Clarified discovery limits on plaintiffs’ medical billing records, impacting how defense attorneys challenge reasonableness of medical expenses.

• Kroger Co. v. Milanes (Tex. 2023): Supreme Court reaffirmed that plaintiffs must show the defendant had actual or constructive notice of premises hazards, influencing slip-and-fall strategy.

• City of Denton v. Paper (Tex. 2022): Tightened notice requirements under the Texas Tort Claims Act, making timely municipal notice letters critical for roadway-defect claims.

3. Liability Insurance Minimums

Texas Transportation Code §601.072 sets auto liability minimums at $30,000 bodily injury per person / $60,000 per accident / $25,000 property damage, often inadequate for serious injuries. Uninsured/Underinsured Motorist (UM/UIM) coverage can bridge the gap; insurers must offer it in writing.

4. Attorney Licensing & Ethical Protections

Personal injury lawyers must be licensed by the State Bar of Texas. Contingency fees are regulated under Texas Disciplinary Rules of Professional Conduct 1.04, requiring written agreements and client consent.

Steps to Take Immediately After an Injury

1. Seek Medical Attention

Even minor aches can mask serious trauma like concussions or internal bleeding. Prompt treatment creates a documented link between the accident and your injuries, thwarting insurer arguments that you delayed care.

2. Report the Incident

• Auto Accidents: Call 911 and ensure a CR-3 crash report is filed if property damage exceeds $1,000 or injury occurs.

• Workplace: Notify your supervisor within 30 days (or sooner per employer policy). Non-subscriber claims still benefit from incident reports.

• Premises Liability: Alert store management and request a written report.

3. Preserve Evidence

• Take photos/videos of the scene, hazards, and your injuries.

• Collect witness names, phone numbers, and email addresses.

• Keep damaged property (e.g., cracked bicycle helmet) in its post-accident state.

• Secure surveillance footage—many Plano retail centers overwrite video within 48–72 hours.

4. Track Expenses and Symptoms

Maintain a folder (physical or digital) containing medical bills, prescriptions, mileage to appointments, time-off records, and a pain journal. Texas allows recovery for both financial losses and human damages like pain, but documentation is key.

5. Notify Insurance Carriers—But Be Cautious

You must promptly report accidents under policy conditions, yet you are not obligated to give a recorded statement without counsel. Politely provide basic facts: date, location, parties involved. Decline to discuss fault or extent of injuries until you consult an attorney.

When to Seek Legal Help in Texas

While minor fender-benders may resolve through insurance, many cases benefit from professional representation, especially when:

• Liability is disputed or multiple parties share fault.

• Medical expenses exceed $10,000 or you face long-term treatment.

• The insurer denies, delays, or undervalues your claim.

• A government defendant is involved, triggering notice deadlines.

• You suffered catastrophic injuries (traumatic brain injury, spinal cord damage) or a loved one passed away.

Louis Law Group tailors strategies to Plano’s legal landscape—investigating crashes along US-75, negotiating with insurers headquartered in Dallas, and litigating in Collin County District Courts downtown. Our firm operates on contingency, meaning no fees unless we recover compensation.

Free Consultation: Call 833-657-4812 today. A seasoned Plano accident attorney will review your case, explain next steps, and preserve crucial evidence before it vanishes.

Local Resources & Next Steps

1. Government and Court Resources

Collin County District Courts (2100 Bloomdale Rd., McKinney) – handles civil suits exceeding $200, including serious injury cases.

• Plano Municipal Court – 900 E. 15th St. – traffic-citation hearings related to crash liability.

Texas Judicial Branch – statewide case lookup, rules of civil procedure, and appellate opinions.

2. Regulatory & Consumer Assistance

TDI Consumer Help Line: 800-252-3439 for insurance complaints.

• Plano Police Department Records: 972-941-2150 for crash reports.

• Legal Aid of NorthWest Texas: 214-748-1234 for low-income representation in select cases.

3. Moving Forward: Your Checklist

• Confirm the statute of limitations date on your calendar.

• Gather medical records, bills, and pay stubs.

• Request accident or incident reports.

• Schedule a free strategy session with Louis Law Group.

If you’ve been injured in Plano or anywhere in Texas, do not let insurers devalue your suffering. Call Louis Law Group at 833-657-4812 for your free case evaluation today.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice or establish an attorney-client relationship. Laws change and vary by circumstance; consult a licensed Texas personal injury lawyer for guidance on your specific case.