Texas Personal Injury Law Guide – Houston Injury Lawyer Near Me

12 min read

Introduction: Why Understanding Texas Personal Injury Law Matters in Houston

Houston is one of the busiest metropolitan areas in the United States. From the Katy Freeway’s constant traffic to the petrochemical plants that power the region’s economy, accidents can—and do—happen every day. According to recent data from the Texas Department of Transportation, Harris County consistently reports the highest number of traffic crashes in the state. Workplace incidents, slip-and-fall injuries in bustling retail centers, and defective product claims also remain common. For injured Houstonians, knowing how Texas personal injury law applies to their specific case is essential for recovering medical costs, lost wages, and other damages.

This comprehensive guide is written for accident victims, with a slight—but justified—emphasis on protecting the rights of the injured rather than insurers. You will learn:

• The statute of limitations and fault rules that shape every Texas injury claim

• How to document and preserve evidence after a crash or fall

• When to consider hiring a Houston accident attorney and how legal fees work

• Key Texas regulations, recent court decisions, and local resources that can affect the outcome of your case

If you have been hurt in Houston, time is not on your side. Texas generally gives you two years to act, and crucial evidence can disappear even sooner. The Louis Law Group is ready to help you enforce your rights. Call 833-657-4812 for a free case evaluation today.

Understanding Texas Personal Injury Law

1. Statute of Limitations: The Two-Year Countdown

Texas Civil Practice & Remedies Code §16.003 establishes a two-year statute of limitations for most personal injury and wrongful death actions. Miss this deadline and courts will likely dismiss your claim, no matter how strong it would have been. Exceptions do exist:

• Minor plaintiffs: The clock does not begin until the child turns 18.

• Discovery rule: In certain latent injury cases (e.g., toxic exposure), the period may start when the injury is reasonably discovered.

• Government entities: You must send notice within six months under the Texas Tort Claims Act, and Houston city departments often shorten that window to 90 days.

2. Negligence & the 51% Bar: Modified Comparative Fault

Texas follows a modified comparative fault system (often called proportionate responsibility) under Chapter 33 of the Civil Practice & Remedies Code. In plain English:

• The jury assigns each party a percentage of fault.

• Damages are reduced by the injured party’s own percentage of fault.

• If the injured person is 51% or more at fault, they recover nothing.

Insurance adjusters know this rule inside out and will use it to minimize payouts. That is why early fact-gathering, witness interviews, and expert analysis are critical.

3. Damages You Can Recover

Texas allows three broad categories of damages:

• Economic: Medical bills, lost earnings, rehabilitation, property damage

• Non-economic: Pain and suffering, mental anguish, loss of consortium

• Exemplary (punitive): Available only if you prove gross negligence or malice by clear and convincing evidence, and capped at the greater of (a) $200,000 or (b) two times economic damages plus non-economic damages not to exceed $750,000 (CPRC §41.008)

Common Types of Personal Injury Cases in Texas

1. Auto, Truck, and Rideshare Crashes

Car accidents remain the most filed personal injury claim in Houston. Texas is an “at-fault” state, so you may pursue compensation from the negligent driver’s insurer or sue directly. Commercial vehicle and rideshare collisions involve extra layers—federal trucking regulations and app-specific insurance limits—making immediate legal counsel important.

2. Slip-and-Fall & Premises Liability

Under the landmark case Wal-Mart Stores, Inc. v. Reece (Tex. 1999), plaintiffs must prove the property owner had actual or constructive knowledge of a dangerous condition and failed to remedy it. Surveillance footage and cleaning logs can make or break these claims, so act quickly to preserve evidence.

3. Workplace Injuries

Texas does not mandate workers’ compensation coverage. If your employer opts out (known as a non-subscriber), you may sue directly for negligence and recover full damages, including pain and suffering. Even if the employer carries workers’ comp, you may still pursue third-party claims against equipment manufacturers or subcontractors.

4. Defective Products

Houston’s energy sector relies on complex machinery, and product defects can cause catastrophic harm. Texas applies strict liability for manufacturing and design defects under Section 82.005 of the CPRC. Plaintiffs do not have to show negligence—only that the product was unreasonably dangerous and caused injury.

5. Wrongful Death

Surviving spouses, children, and parents can file a wrongful death action within two years of the death. Exemplary damages are possible when the defendant’s conduct warrants punishment, though caps may apply in medical malpractice cases.

Texas Legal Protections & Regulations

1. Medical Malpractice Damage Caps

Following the 2003 tort reform, non-economic damages in medical malpractice suits are capped at $250,000 per physician and $500,000 overall for all healthcare facilities combined. Economic damages remain uncapped.

2. Dram Shop Liability

Bars and restaurants can be held liable for overserving obviously intoxicated patrons under the Texas Dram Shop Act. Proving visible intoxication often requires eyewitness testimony or surveillance video.

3. Seat Belt Defense & Motorcycle Helmets

Evidence that a plaintiff failed to wear a seat belt is admissible and can reduce damages. Motorcyclists over 21 may ride without a helmet if they carry proof of medical insurance, but juries may still assign fault for helmet non-use in head injury claims.

4. Notable Court Decisions Affecting Houston Claims

• Frontier Logistics, L.P. v. Bobo (Tex. 2022) clarified scope of employer liability for employee actions during commutes.

• City of Houston v. Ranjel (Tex. 2020) tightened pre-suit notice requirements in municipal tort claims. Missing a notice deadline can terminate your case—consult counsel quickly.

5. Insurance Regulations

The Texas Department of Insurance requires liability carriers to acknowledge claims within 15 days and accept or deny within 15 business days after receiving all items necessary to evaluate the claim. If an insurer delays unreasonably, you may pursue bad-faith damages.

Steps to Take After an Injury

Seek Immediate Medical Attention Even if symptoms are minor, a prompt medical exam creates a record linking the accident to your injuries and rules out hidden conditions like brain bleeds. Report the Incident For car crashes, call law enforcement and obtain a CR-3 crash report. For workplace injuries, notify your supervisor within 30 days. For slip-and-falls, inform the property manager and request an incident form copy. Document Everything Take photos of vehicle damage, skid marks, wet floors, or broken handrails. Collect witness names and contact information. Save damaged products or footwear. Preserve Digital Evidence Download dash-cam footage and request store surveillance before it is overwritten. Social media posts by witnesses can also be invaluable—screenshot them immediately. Notify Insurers but Stay Cautious You generally must notify your own carrier promptly, but give only basic facts. Never provide a recorded statement to the opposing insurer without legal advice. Adjusters are trained to elicit admissions that reduce payouts. Track Costs & Keep a Pain Journal Save all receipts, mileage logs, and prescription co-pays. Note daily pain levels, missed family events, and emotional struggles—these entries support non-economic damage claims. Consult an Attorney Early A seasoned personal injury lawyer Texas residents trust can secure black-box data, dispatch investigators, and shield you from insurer tactics. Most firms, including Louis Law Group, work on contingency, so you pay no attorney’s fees unless money is recovered.

When to Seek Legal Help in Texas

While minor fender-benders with zero injuries may not require counsel, you should speak with an attorney if:

• You sustained fractures, head trauma, or any condition requiring ongoing treatment

• Fault is disputed or multiple parties are involved (e.g., multi-vehicle pileups on I-610)

• A commercial truck, rideshare, or government vehicle was implicated

• The insurance company delays, denies, or offers an unreasonably low settlement

• You are nearing the two-year statute of limitations

What Louis Law Group Does for Houston Clients

• Free case evaluation—call 833-657-4812 24/7

• Independent investigation & expert consultations (accident reconstructionists, medical specialists)

• Negotiation with insurers backed by detailed claim valuations

• Litigation and trial advocacy in Harris County and federal courts if needed

Our firm’s sole mission is to maximize the compensation you lawfully deserve so you can focus on recovery.

Local Resources & Next Steps

Texas Civil Practice & Remedies Code §16.003 – Official statute of limitations text Texas Judicial Branch – Find Houston-area district and county courts Houston Bar Association – Lawyer referral and legal aid programs

• Texas 211 Helpline – Connects residents to medical, mental health, and social services after an injury

Your Next Move

If you or a loved one suffered harm in Houston—even if you are unsure who was at fault—get informed and act quickly. Evidence degrades, memories fade, and insurers strategize while you heal. Louis Law Group is ready to defend your rights and pursue the maximum compensation Texas law allows.

CALL 833-657-4812 NOW FOR A FREE, NO-OBLIGATION CASE EVALUATION.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Case results depend on individual facts. Reading this material does not create an attorney-client relationship. For advice about your situation, consult a licensed Texas attorney.