Texas Personal Injury Law Garland Guide & Legal Options

12 min read

Introduction: Why Every Garland Resident Needs to Understand Texas Personal Injury Law

Whether you were rear-ended on North Garland Avenue, slipped on a wet grocery-store aisle near Firewheel Town Center, or suffered a workplace injury in one of the city’s bustling industrial parks, knowing your legal rights is non-negotiable. Garland, Texas is part of the fast-growing Dallas–Fort Worth metroplex, which logged more than 55,000 injury crashes in 2022 according to the Texas Department of Transportation (TxDOT). A sizable portion of those victims never pursued compensation simply because they did not understand how Texas law protects them—or how quickly the statute of limitations can expire.

This comprehensive guide favors the injured individual’s perspective. It breaks down the nuts and bolts of Texas personal injury law Garland claimants must navigate: deadlines, fault rules, damage caps, recent case law, and practical steps to preserve evidence. By the end, you will know when DIY negotiations might suffice and when you should speed-dial an experienced Garland accident attorney like Louis Law Group at 833-657-4812.

Understanding Texas Personal Injury Law

1. Texas Statute of Limitations

Under Texas Civil Practice and Remedies Code (TCPRC) §16.003, most personal injury and wrongful-death actions must be filed within two years of the date of injury or death. Miss this deadline and courts will almost certainly dismiss your case, no matter how meritorious.

• Auto, truck, and motorcycle collisions: 2 years.

• Slip-and-fall (premises liability): 2 years.

• Product liability: 2 years from injury, but not to exceed 15 years from sale in most cases (statute of repose).

• Claims against Texas governmental units: detailed notice rules (generally within 6 months) under Texas Tort Claims Act.

2. Negligence & Comparative Fault

Texas follows a modified comparative fault rule codified in TCPRC §33.001. If you are 51% or more at fault, you recover nothing. If you are 50% or less responsible, your damages are reduced by your percentage of fault. Insurers exploit this rule to minimize payouts, so document evidence that limits your share.

3. Elements of a Claim

• Duty: The defendant owed a legal duty (e.g., motorists must obey traffic laws).

• Breach: They failed to meet that duty.

• Causation: The breach caused your injuries (actual & proximate cause).

• Damages: You sustained compensable losses—medical bills, lost wages, pain, and more.

4. Damages You Can Pursue

• Economic: Medical expenses, rehabilitation, lost income, future earning capacity.

• Non-Economic: Pain, mental anguish, physical impairment, disfigurement.

• Exemplary (Punitive): Only when clear and convincing evidence shows “malice” or “gross negligence,” capped under TCPRC §41.008.

Common Types of Personal Injury Cases in Texas

A. Motor-Vehicle Collisions

Garland’s location along the President George Bush Turnpike and I-635 means heavy commuter traffic. Texas is an at-fault insurance state, so the liable driver’s insurer pays. Minimum auto liability limits are $30,000/$60,000/$25,000 as mandated by the Texas Department of Insurance. Proving Fault: police crash report, dash-cam video, eyewitness statements, cell-phone data, and accident-reconstruction testimony if needed.

B. Slip-and-Fall & Premises Liability

Under Timberwalk Apartments v. Cain, 972 S.W.2d 749 (Tex. 1998), Texas landowners owe varying duties based on whether you are an invitee, licensee, or trespasser. For most customers (invitees) at Garland retail stores, owners must remedy or warn of dangerous conditions they knew or should have known about.

C. Workplace Injuries

Texas is the only state that does not universally mandate workers’ compensation coverage. If your employer in Garland is a nonsubscriber, you may sue directly for negligence, but you must prove fault. Even if the employer carries workers’ comp, third-party actions (against equipment manufacturers or negligent contractors) may still be viable.

D. Defective Products

Texas applies strict liability for manufacturing and design defects under Restatement (Second) of Torts §402A, adopted in McKisson v. Sales Affiliates, 416 S.W.2d 787 (Tex. 1967). You must show the product was unreasonably dangerous and reached you without substantial change.

E. Wrongful Death

TCPRC §71.004 allows surviving spouses, parents, and children to file. Damages include loss of companionship, financial support, and mental anguish. A related survival action under §71.021 lets the estate recover what the deceased could have claimed if they had lived.

Texas Legal Protections & Recent Court Rulings

1. Damage Caps

• Medical Malpractice: Non-economic damages capped at $250,000 per physician and $250,000 per facility (maximum $500,000).

• Government Liability: Damages are limited to $250,000 per person and $500,000 per occurrence for bodily injury, plus $100,000 for property damage (TCPRC §101.023).

• Exemplary Damages Cap: Greater of (a) $200,000 or (b) double economic damages + up to $750,000 non-economic, per §41.008.

2. Recent Supreme Court Decisions Impacting Injury Claims

• In re Christus Santa Rosa Health System, 492 S.W.3d 276 (Tex. 2016): Clarified causation expert-report requirements in med-mal cases.

• Hill County v. Lopez, 259 S.W.3d 274 (Tex. 2019): Reaffirmed strict notice deadlines for suing governmental entities.

• JLB Builders, L.L.C. v. Hernandez, 622 S.W.3d 860 (Tex. 2021): Expanded general contractor duty to ensure worksite safety for subcontractors.

3. Insurance Bad-Faith Protections

Texas Insurance Code §542.060 allows policyholders to recover interest and attorney fees when insurers fail to pay valid claims promptly. If you are battling a delayed or denied claim, these provisions can increase leverage in negotiations.

Steps to Take Immediately After an Injury in Garland

Step 1: Get Medical Attention—No Excuses

Ambulance rides and emergency-room bills can be frightening, but delaying care jeopardizes both your health and your case. Insurers will argue that gaps in treatment mean your injuries were minor or unrelated.

Step 2: Report & Document the Incident

• Auto Accident: Call 9-1-1. The Garland Police Department will create a CR-3 crash report—vital evidence.

• Slip-and-Fall: Notify store management and obtain an incident report.

• Workplace Injury: File an internal accident report within 30 days to preserve workers’ comp eligibility.

Step 3: Preserve Physical & Digital Evidence

• Take photos of vehicle damage, skid marks, spilled liquids, defective equipment, or lighting conditions.

• Collect witness names and phone numbers.

• Save medical bills, prescription receipts, and employment records showing missed time from work.

• Back up texts, social-media messages, or emails that reference the incident.

Step 4: Notify Insurance—but Say Little

You must cooperate with your own insurer, but provide only basic facts initially. Recorded statements to the at-fault party’s carrier are optional and often disadvantageous. Politely decline until you speak with counsel.

Step 5: Track All Damages

Maintain a pain journal and spreadsheet of out-of-pocket expenses. Texas allows recovery for mileage to doctor visits, home-health devices, and even child-care costs necessitated by injury; meticulous records maximize value.

When to Seek Legal Help in Texas

Indicators You Need a Garland Accident Attorney

• Severe injuries (fractures, surgeries, scarring) with lifetime implications.

• Disputed liability—especially multi-vehicle collisions or premises cases involving surveillance footage.

• Commercial defendants (trucking companies, big-box retailers) that immediately deploy defense teams.

• Insurer denies or lowballs your claim.

• Approaching statute-of-limitations deadline.

The attorneys at Louis Law Group focus exclusively on advocating for injured Texans. They investigate collisions, subpoena maintenance logs, negotiate with carriers, and, if required, litigate before Dallas County juries. Their contingency-fee model means no upfront costs: they only get paid if you receive compensation.

Call 833-657-4812 or fill out their online form for a free evaluation—there’s no obligation and no risk.

Local Resources & Next Steps

Government & Court Links

Texas Department of Insurance – consumer guides, complaint portal. Texas Judicial Branch – case search and court locator. Dallas County Civil District Courts – Garland lawsuits are typically filed here. Dallas Volunteer Attorney Program – pro bono support for qualifying residents.

Safety & Accident Trends in Garland

TxDOT’s 2022 Crash Statistics report shows 2,307 auto crashes in Garland, including 635 injury accidents and 19 fatalities. Intersections with the highest collision frequency include:

• Lavon Drive (SH-78) & Walnut Circle

• LBJ Freeway (I-635) & Jupiter Road

• President George Bush Turnpike frontage roads

The City of Garland has launched Vision Zero initiatives, yet distracted-driving and speeding remain major contributors. Understanding these hotspots can help position evidence if your collision occurred nearby.

Next Steps Checklist

• Schedule follow-up medical appointments and comply with treatment.

• Request certified copies of police or incident reports.

• Consult Louis Law Group to calculate case value and deadline strategy.

• Decide whether to pursue settlement or file suit in Dallas County court.

Remember: The countdown to two years starts the day you are injured. Don’t let the clock rob you of rightful compensation.

Disclaimer

This guide is for informational purposes only and does not create an attorney-client relationship. Laws change, and outcomes depend on specific facts. For personalized advice, consult a licensed Texas attorney.

Take Control of Your Recovery Today

If you or a loved one has been hurt in Garland, act now. Evidence fades and medical bills grow. Call Louis Law Group at 833-657-4812 for a free, no-risk case evaluation. Protect your rights, maximize your compensation, and put an experienced Texas personal injury team in your corner.