Texas Personal Injury Law Guide for El Paso Claimants

Estimated reading time: 11 min read

Introduction: Why Every Injured Person in El Paso Needs to Understand Texas Personal Injury Law

El Paso’s vibrant culture, major highways (I-10, US-54), and booming logistics industry make it a dynamic border city—but also a hotspot for motor-vehicle collisions, workplace mishaps at the rail yards, and slip-and-fall injuries in big-box stores along Gateway Boulevard. If you are hurt because someone else was careless, Texas law gives you a powerful set of rights to pursue compensation for medical bills, lost wages, pain and suffering, and more. Yet many claimants unknowingly jeopardize their cases by missing a deadline, giving a recorded statement to an insurer, or failing to document evidence. This comprehensive guide—written for injured residents of El Paso, Texas—explains every critical step, statute, and strategy so you can protect your claim and focus on healing.

Below, you’ll find:

• Texas statutes of limitations and comparative fault rules

• How to prove common accident types such as auto crashes, slip-and-falls, workplace injuries, defective product claims, and wrongful death

• Key Texas regulations, damages caps, and court precedents that shape settlement value

• Actionable, step-by-step instructions from the moment an accident happens through filing suit

• Local resources—from University Medical Center of El Paso trauma care to the 34th District Court—and how Louis Law Group can help you maximize recovery

Legal disclaimer: The information in this guide is for educational purposes only and does not create an attorney–client relationship. Every case is unique. For personalized advice, call Louis Law Group at 833-657-4812 for a free consultation.

Understanding Texas Personal Injury Law

1. Two-Year Statute of Limitations (Tex. Civ. Prac. & Rem. Code § 16.003)

With limited exceptions, Texas gives injured people two years from the date of injury—or from the date of death in wrongful-death cases—to file a lawsuit. Miss the deadline and the court will likely dismiss your case, no matter how strong the evidence. Time may pause ("toll") for minors or if the at-fault defendant leaves the state, but never assume you qualify for an exception without confirming with counsel.

2. Modified Comparative Fault—51 % Bar Rule

Texas follows a proportionate responsibility system. If you’re 51 % or more responsible for an accident, you recover nothing. If you’re 50 % or less at fault, your damages are reduced by your percentage of fault (Tex. Civ. Prac. & Rem. Code § 33). For example, a $100,000 verdict is cut to $70,000 if a jury finds you 30 % at fault.

3. Recoverable Damages

• Economic: past and future medical expenses, lost earnings, rehabilitation, property damage.

• Non-economic: pain, mental anguish, physical impairment, disfigurement, loss of consortium.

• Exemplary (punitive) damages: available when the defendant acted with malice, fraud, or gross negligence, but capped at the greater of (a) $200,000 or (b) two times economic damages plus non-economic damages up to $750,000. (Tex. Civ. Prac. & Rem. Code § 41.008).

4. Damage Caps in Specific Case Types

Texas limits non-economic damages in medical malpractice actions to $250,000 per claimant against physicians and an additional $250,000 per facility, up to $500,000 total (§ 74.301). Governmental entity claims are capped at $250,000 per person and $500,000 per occurrence (Tex. Tort Claims Act, § 101.023).

Common Types of Personal Injury Cases in El Paso and Across Texas

Motor-Vehicle Accidents

TxDOT crash statistics show thousands of collisions annually in El Paso County. To prevail, you must prove:

• The defendant owed you a duty (e.g., follow traffic laws).

• They breached that duty (speeding on I-10, texting while driving).

• The breach caused your injuries (medical evidence and crash reconstruction).

• Damages (medical bills, lost wages, etc.).

Texas is an at-fault state, so you may file a claim against the driver’s liability policy, pursue your own uninsured/underinsured (UM/UIM) coverage, or sue the negligent driver directly.

Slip-and-Fall / Premises Liability

Under Texas premises law, business invitees (customers) must show the property owner:

• knew or reasonably should have known of a dangerous condition (e.g., spilled salsa at a Mesa Street restaurant),

• failed to exercise reasonable care to reduce or eliminate the risk, and

• that failure proximately caused injury.

Documenting hazard existence and duration through incident reports, photographs, and eyewitnesses is essential.

Workplace Injuries

Texas is the only state that doesn’t require private employers to carry workers’ compensation. If your employer subscribes, you generally must use that system; non-subscribers may be sued directly for negligence with no cap on damages. Third-party claims (e.g., defective forklift manufacturer) are also common. Report injuries within 30 days to preserve rights.

Defective Products

Product liability in Texas can be based on design defect, manufacturing defect, or inadequate warnings (Tex. Civ. Prac. & Rem. Code § 82). Strict liability means you do not have to prove negligence, only that the product was unreasonably dangerous and caused harm while being used as intended or in a reasonably foreseeable way.

Wrongful Death

Wrongful-death actions (Tex. Civ. Prac. & Rem. Code § 71) allow surviving spouses, parents, and children to pursue damages for loss of companionship, mental anguish, and lost earning capacity. If they do not file within three months, the decedent’s estate representative may sue.

Texas Legal Protections, Regulations & Recent Court Trends

Notable Statutes

• Transportation Code § 545.4251 – statewide texting-while-driving ban.

• Civil Practice & Remedies Code Chapter 33 – comparative fault framework.

• Chapter 74 – health-care liability reforms and pre-suit notice requirements.

Key Court Precedents Impacting Injury Claims

• Haygood v. De Escabedo, 356 S.W.3d 390 (Tex. 2011): limits recoverable medical expenses to amounts actually paid or owed, not inflated “billed” rates.

• J&D Towing, LLC v. American Alternative Ins. Corp., 478 S.W.3d 649 (Tex. 2016): allows lost-profits recovery for total destruction of personal property.

• Bostic v. Georgia-Pacific Corp., 439 S.W.3d 332 (Tex. 2014): clarified causation standards in toxic tort cases.

Insurance Regulations

The Texas Department of Insurance (TDI) regulates policy language, claim-handling timelines, and unfair settlement practices (Tex. Ins. Code Chapter 542). Insurers must acknowledge a claim within 15 days, investigate promptly, and pay or deny within 15 business days after receiving all requested items.

Critical Steps to Take After an Injury in El Paso

1. Seek Immediate Medical Care

Even if you feel “fine,” adrenaline masks pain. Visit University Medical Center of El Paso or your physician within 24 hours. Medical records create the foundation of your damages claim.

2. Report and Document the Incident

• Auto crash: Call 911; obtain a CR-3 crash report from the Texas Department of Transportation.

• Slip-and-fall: Ask management for an incident report; take smartphone photos of the hazard before it’s cleaned.

• Work injury: Notify your supervisor in writing within 30 days and keep a copy.

3. Preserve Evidence

Keep clothing, defective parts, receipts, surveillance footage, and names of witnesses. Send spoliation letters via certified mail to preserve security video or maintenance logs.

4. Track Damages

Create a binder or digital folder for medical bills, prescriptions, mileage to appointments, and wage-loss statements from your employer. Note daily pain levels in a journal—critical for non-economic damages.

5. Notify Insurance—but Beware Recorded Statements

You must promptly inform your insurer, but you are not required to give the adverse carrier a recorded statement early on. Politely decline until you’ve consulted counsel.

6. Calculate the Statute Deadline

Mark two years from the injury date on your calendar and set reminders six months, three months, and one month beforehand.

When to Seek Legal Help in Texas

Minor property-damage-only fender benders may not require counsel, but the following red flags mean you should contact an attorney immediately:

• Serious injuries (fractures, surgeries, traumatic brain injury)

• Liability disputes or police report inaccuracies

• Multiple parties (commercial vehicle, government entity, product manufacturer)

• Insurer delays or lowball offers

• Approaching statute of limitations

Louis Law Group fights exclusively for injury victims—never insurance companies. Our El Paso-licensed attorneys investigate crashes, hire industry-leading experts, negotiate aggressively, and, if needed, file suit in the 34th District Court or U.S. District Court for the Western District of Texas. We advance costs, and you pay nothing unless we win.

Local Resources & Next Steps for El Paso Victims

Hospitals & Trauma Centers

• University Medical Center of El Paso – Level I Trauma

• Las Palmas Medical Center – Emergency Care

Court Locations

• El Paso County Courthouse, 500 E. San Antonio Ave., El Paso, TX 79901

• U.S. District Court (Western District of Texas – El Paso Division), 525 Magoffin Ave.

Legal Aid & Bar Resources

State Bar of Texas Lawyer Referral & Information Service El Paso County Official Portal

Complaints Against Insurers

File unfair-claim-handling complaints with TDI’s Consumer Help Line: 800-252-3439, or online via the TDI complaint portal.

Your Action Plan

• Get medical treatment and follow all doctor’s orders.

• Gather evidence: photos, witness statements, police or incident reports.

• Log every expense and symptom.

• Consult Louis Law Group before speaking extensively with insurers.

• Rest and focus on recovery while we pursue full compensation.

Ready to protect your rights? If you’ve been hurt anywhere in Texas—whether on I-10, at Fort Bliss, or in a Northeast El Paso parking lot—call Louis Law Group at 833-657-4812 for your free, no-obligation case evaluation. Our experienced attorneys stand up to insurance companies so you can get back on your feet.