Texas Personal Injury Law Guide for Irving Victims
8/16/2025 | 1 min read
11 min read## Introduction: Why Texas Personal Injury Law Matters in Irving
Every year, thousands of Irving residents are hurt on State Highway 114, slip in busy Las Colinas office parks, or suffer workplace injuries at the city’s many logistics centers. In 2023 alone, the Texas Department of Transportation recorded more than 3,100 traffic crashes in Irving, with nearly 1,200 injuries. When an accident happens, understanding Texas personal injury law Irving becomes critical to protecting both physical and financial well-being. This guide explains what injured individuals need to know—from strict filing deadlines to the comparative fault system—while offering practical, step-by-step advice designed to maximize compensation for medical bills, lost wages, pain, and long-term disability.
Although the law applies statewide, local factors matter. Irving sits in Dallas County, which follows Texas state courts’ civil procedures but also maintains county-specific filing rules and docket schedules. Knowing where to file, how to comply with insurance requirements, and when to involve an experienced Irving accident attorney can mean the difference between a denied claim and a fair settlement.
Understanding Texas Personal Injury Law
Statute of Limitations: The Two-Year Countdown
Under Texas Civil Practice & Remedies Code (§ 16.003), most personal injury plaintiffs have two years from the date of injury to file suit. Miss this deadline and the court will almost certainly dismiss the case, regardless of its merits. Limited exceptions exist (for minors, legally incapacitated adults, or certain product liability claims), but assume the clock is ticking from day one.
Negligence and the 51% Bar Rule
Texas follows a modified comparative fault system. If the injured person is 51 percent or more responsible, recovery is barred. Otherwise, damages are reduced by the claimant’s percentage of fault. For example, a jury award of $100,000 is lowered to $70,000 if you are found 30 percent at fault. Insurance adjusters use this rule during negotiations, making meticulous evidence gathering essential.
Key Elements of a Negligence Claim
- Duty—The defendant owed a legal duty to exercise reasonable care.
- Breach—The duty was breached through action or inaction.
- Causation—The breach directly caused the injury (both actual and proximate cause).
- Damages—Verifiable losses such as medical expenses, lost income, or pain and suffering.
Proving each element requires admissible evidence—medical records, photographs, eyewitness statements, and sometimes expert testimony.
Common Types of Personal Injury Cases in Texas
Motor Vehicle Collisions
Auto, truck, and motorcycle crashes account for the majority of claims. Texas Transportation Code § 601.051 requires minimum liability insurance of $30,000 per injured person and $60,000 per accident, plus $25,000 for property damage. Nevertheless, hospital bills can exceed policy limits within hours. Early investigation—police crash report, black-box data, roadway surveillance video—helps establish liability.
Slip-and-Fall or Premises Liability
Grocery stores, apartment complexes, and entertainment venues in Irving must keep premises reasonably safe. Plaintiffs must show the owner knew or should have known of a dangerous condition (e.g., unmarked wet floor) and failed to correct it. Evidence often includes incident reports, maintenance logs, and witness affidavits.
Workplace Injuries
Texas uniquely allows private employers to opt out of the state workers’ compensation system. If your employer is a non-subscriber, you may sue directly for negligence, and the employer loses several common defenses (Texas Labor Code § 406.033). Injured workers should confirm employer coverage status through the Texas Department of Insurance (TDI).### Defective Products
Manufacturers can be liable under strict liability, negligence, or breach of warranty theories if a product is unreasonably dangerous when used as intended. Texas recognizes the Restatement (Second) of Torts § 402A standard. Statutes of repose may bar claims 15 years after sale.
Wrongful Death
When negligence causes death, surviving spouses, children, and parents may seek damages under Texas Civil Practice & Remedies Code §§ 71.002-71.004. The estate may also pursue a survival action for the decedent’s own losses. The deadline is two years from date of death, not necessarily the injury.
Texas Legal Protections & Regulations
Damages Caps
- Medical Malpractice—Non-economic damages are capped at $250,000 per physician and $250,000 per facility, up to $500,000 total (Tex. Civ. Prac. & Rem. Code § 74.301).
- Government Defendants—When suing a city or state agency under the Texas Tort Claims Act, damages are capped at $250,000 per person and $500,000 per incident (Tex. Civ. Prac. & Rem. Code § 101.023).
Pre-Suit Notice Requirements
Medical negligence cases require a 60-day pre-suit notice letter and service of an expert report within 120 days after filing (Tex. Civ. Prac. & Rem. Code § 74.351). Missing the expert-report deadline can result in dismissal with prejudice.
Recent Court Rulings Impacting Claims
- In re ExxonMobil Corp. (2021)—Clarified admissibility of biomechanical expert testimony, underscoring the need to retain qualified experts early.
- City of San Antonio v. Riojas (Tex. 2022)—Reaffirmed notice requirements under the Tort Claims Act; late notice barred recovery.
Insurance Bad Faith
Texas Insurance Code § 542.055 imposes strict timelines on insurers to acknowledge, investigate, and pay claims. Unreasonable delays can trigger penalties and attorney’s fees.
Steps to Take After an Injury
1. Prioritize Medical Attention
Your health and medical records are paramount. Visit a hospital such as Baylor Scott & White Medical Center–Irving within 24 hours, even if injuries seem minor. Delays allow insurers to argue the accident did not cause the condition.
2. Document the Scene
- Photograph hazards, vehicle positions, and visible injuries.
- Collect contact information for witnesses.
- Save security or dash-cam footage before it is erased.
3. Preserve Physical Evidence
Store defective products, torn clothing, or damaged helmets in a safe place. Do not alter evidence.
4. File Necessary Reports
- Motor vehicle: Call Irving Police Department for crashes involving injury, death, or property damage over $1,000. Workplace: Complete employer incident report within 30 days; file DWC Form-041 with the Division of Workers’ Compensation if using the state system.
5. Notify Insurance Carriers—But Cautiously
Most policies require “prompt” notice. Provide basic facts only. Avoid recorded statements until you consult counsel. Anything said can be used to attribute fault under the 51 percent rule.
6. Keep a Post-Accident Journal
Record pain levels, missed workdays, therapy sessions, and emotional distress. Jurors relate to personal narratives, and the journal supports non-economic damages.
7. Consult an Attorney Early
A free consultation with an Irving accident attorney like Louis Law Group helps preserve evidence, stop insurer harassment, and evaluate damages before the two-year statute expires.
When to Seek Legal Help in Texas
Complex Liability or Serious Injuries
Spinal cord trauma, traumatic brain injury, multiple defendants, or disputed liability requires sophisticated legal strategy. Attorneys coordinate investigators, medical experts, accident reconstructionists, and economists to build a compelling case.
Insurance Delay or Denial
If an insurer cites obscure policy exclusions or offers a lowball settlement, counsel can demand appraisal, file a Stowers demand, or sue for bad faith under Texas Insurance Code Chapter 541.
Employer Non-Subscriber Cases
Because non-subscribing employers cannot plead comparative negligence, a lawyer can often obtain higher settlements. Quick action preserves surveillance videos and coworker testimony.
How Louis Law Group Supports Injured Clients
- No upfront fees—We work on contingency; you pay nothing unless we win.
- Local knowledge—Our attorneys appear regularly in Dallas County courts and know Irving adjusters, mediators, and judges.
- Comprehensive care—We connect clients with medical specialists who may delay billing until the case resolves.
If you’ve been injured in Texas, call 833-657-4812 for a free case evaluation.
Local Resources & Next Steps
Court & Administrative Offices
- Dallas County Courthouse, 600 Commerce St., Dallas, TX 75202. Civil filings for Irving residents.
- Irving Municipal Court, 305 N. O’Connor Rd., Irving, TX 75061—for traffic ticket hearings or minor accident citations. Texas Judicial Branch—Statewide court information, e-filing, and docket research.
Consumer & Insurance Assistance
The Texas Department of Insurance can verify policy status, investigate unfair claim practices, and provide multilingual complaint forms.### Legal Aid & Professional Associations
Dallas Bar Association Lawyer Referral Service—30-minute consultations at reduced rates.- Legal Aid of NorthWest Texas—Free civil legal services for qualifying low-income residents.
Action Plan for Irving Residents
- Seek medical care immediately.
- Collect and secure evidence.
- Track expenses and lost wages in a folder or cloud drive.
- Contact Louis Law Group at 833-657-4812 for a free, no-obligation case review.
Disclaimer
This guide is provided for educational purposes only and does not constitute legal advice. Reading it does not create an attorney–client relationship. Laws change frequently; consult a licensed Texas attorney about your specific situation.
Ready to protect your rights? Call Louis Law Group today at 833-657-4812 or complete our online form for a free consultation.
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