Texas Personal Injury Law Guide – Houston Victims’ Rights

Estimated reading time: 10 min read

Introduction: Why Houston Residents Need to Understand Texas Personal Injury Law

Houston is the largest city in Texas and the fourth-largest in the United States, which unfortunately means a high number of traffic collisions, workplace mishaps, and other accidents. According to the Texas Department of Transportation’s 2022 statistics, Harris County recorded more than 113,000 traffic crashes—over 9,600 of which caused injuries and 512 of which were fatal. Add unsafe property conditions, booming industrial worksites, and defective consumer products, and it is clear why thousands of Houstonians every year seek compensation for medical bills, lost income, and pain and suffering.

This guide is written for Houston, Texas residents who were harmed in:

• Auto, truck, or motorcycle collisions

• Slip-and-fall or trip-and-fall incidents

• Construction, refinery, or other workplace accidents

• Defective product injuries

• Wrongful death claims on behalf of a loved one

Below you will find clear explanations of relevant Texas laws, court precedents, and practical steps that put you— the injured party— in the strongest position to recover fair compensation. If at any point you feel overwhelmed, remember that Louis Law Group is available 24/7 at 833-657-4812 for a free case evaluation.

Understanding Texas Personal Injury Law

1. Statute of Limitations (Time Limits)

Under Section 16.003 of the Texas Civil Practice and Remedies Code, you generally have two (2) years from the date of the injury—or from the date of death in wrongful-death cases—to file a lawsuit. Missing this deadline almost always bars your claim, no matter how strong the facts.

2. Negligence and Duty of Care

Most personal injury cases arise under the legal theory of negligence, which requires showing:

• Duty – The defendant owed you a duty to act as a reasonably prudent person (for example, a driver must follow traffic laws).

• Breach – The defendant breached that duty (e.g., speeding, running a red light).

• Causation – The breach directly and proximately caused your injuries.

• Damages – You suffered actual harm (medical bills, lost wages, pain, etc.).

3. Modified Comparative Fault (Proportionate Responsibility)

Texas follows a 51 percent bar rule under Section 33.001 of the Civil Practice and Remedies Code. If you are 51 percent or more at fault, you recover nothing. If you are 50 percent or less at fault, your damages are reduced by your percentage of responsibility. For example, a $100,000 award shrinks to $70,000 if you were 30 percent at fault.

4. At-Fault Auto Insurance System

Texas is an “at-fault” state, meaning injured drivers can pursue compensation directly from the at-fault driver’s insurer, file a claim with their own insurer, or sue the driver. The Texas Department of Insurance (TDI) publishes minimum liability requirements—$30,000 bodily injury per person, $60,000 per accident, and $25,000 property damage (30/60/25). See TDI’s consumer page: Texas auto insurance basics.

Common Types of Personal Injury Cases in Texas

1. Motor Vehicle Collisions

To prove liability in auto crashes, plaintiffs rely on police reports, eyewitness statements, black-box data, surveillance video, and crash-reconstruction testimony. Texas Transportation Code violations—like intoxication or distracted driving—often establish negligence per se (automatic breach of duty).

2. Commercial Truck Accidents

Houston’s I-10, I-45, and Port of Houston corridors see a steady stream of 18-wheelers. Federal Motor Carrier Safety Regulations (FMCSRs) covering hours of service, vehicle maintenance, and driver qualifications apply. Claims may target not only the driver but also the carrier, broker, or parts manufacturer.

3. Slip-and-Fall / Premises Liability

Texas requires showing the property owner knew or should have known of a dangerous condition and failed to correct it. Recent case law (Henkel v. Norman, 604 S.W.3d 73 Tex. 2020) underscores plaintiffs must establish actual or constructive knowledge of the hazard.

4. Workplace and Industrial Accidents

Texas is unique: private employers may opt out of the state workers’ compensation system. If your employer is non-subscriber, you may sue directly for negligence. Even with workers’ comp, third-party claims (e.g., against equipment manufacturers) may increase recovery.

5. Defective Products

Under strict liability theories, injured consumers need only prove the product was defective and unreasonably dangerous when it left the defendant’s control. The Texas Products Liability Act governs design, manufacturing, and marketing-defect claims.

6. Wrongful Death

Surviving spouses, children, and parents may bring claims within two years, seeking pecuniary losses, mental anguish, loss of companionship, and potentially punitive damages when death is caused by gross negligence or willful conduct.

Texas Legal Protections & Regulations

1. Caps on Damages

Texas law does not cap economic damages (medical costs, lost wages). However, noneconomic damages in medical-malpractice cases are capped at $250,000 per defendant (and $500,000 overall) under Chapter 74 of the Civil Practice and Remedies Code.

2. Exemplary (Punitive) Damages

Punitive damages are limited to the greater of $200,000 or two times economic damages plus equal noneconomic damages (capped at $750,000). Plaintiffs must prove malice, fraud, or gross negligence by clear and convincing evidence.

3. Sovereign Immunity Exceptions

Claims against cities, counties, or the State of Texas fall under the Texas Tort Claims Act (TTCA). Liability is limited to $250,000 per person and $500,000 per occurrence for bodily injury, and $100,000 for property damage.

4. Recent Court Decisions Impacting Claims

In re Farmers Texas County Mutual Insurance Co. (Tex. 2022) – Clarified discovery scope in UM/UIM litigation, emphasizing policy limits disclosure. JLB Builders v. Hernandez (Tex. 2021) – Raised evidentiary burden for proving negligent entrustment and supervision of employees.

Steps to Take After an Injury in Houston

1. Seek Immediate Medical Attention

Prompt treatment protects your health and formally documents injuries. Delay allows insurers to argue your injuries are unrelated or minor.

2. Notify Law Enforcement or Property Management

For vehicle collisions, call HPD or Harris County Sheriff’s Office and request CR-3 crash reports. For premises incidents, demand a written incident report.

3. Preserve Evidence

• Photograph skid marks, vehicle damage, spills, or defective equipment.

• Save medical bills, diagnostic imaging, prescriptions, and mileage logs.

• Record witness names, phone numbers, and statements.

• Keep damaged products or torn footwear—do not alter them.

4. Notify Insurers

Texas policies require “prompt notice.” Provide only basic facts initially; avoid recorded statements until you consult counsel. Under Texas Insurance Code §541.060, insurers that unfairly delay or deny claims can be held liable for additional damages.

5. Track Deadlines

Mark the two-year statute of limitations on your calendar. If suing a city (e.g., City of Houston), a formal notice of claim is required within six months of injury under Local Government Code §101.101.

When to Seek Legal Help in Texas

While minor property-damage-only incidents may be resolved without counsel, you should contact a Houston accident attorney immediately if:

• You suffered fractures, surgeries, traumatic brain or spinal injuries.

• Liability is disputed or comparative fault is alleged.

• The other party is uninsured or underinsured.

• A governmental entity or large corporation is involved.

• The insurance adjuster asks for a broad medical release or offers a quick settlement.

Louis Law Group offers free consultations, no up-front fees, and representation on a contingency fee—meaning you pay nothing unless the firm recovers for you.

Local Resources & Next Steps

1. Texas Department of Insurance (TDI)

File insurance complaints or verify company licenses at the TDI official site.

2. Harris County & Houston Courts

• Civil District Courts: 201 Caroline St., Houston, TX 77002

• Small Claims & JP Courts: Various precinct locations

Electronic records: Harris County District Clerk

3. Legal Aid & Bar Associations

• Houston Volunteer Lawyers: Free civil legal services for qualifying residents

• Houston Bar Association Lawyer Referral Service: 713-237-9429

4. Contact Louis Law Group Today

If you or a loved one were injured in Texas, protect your rights before evidence disappears and deadlines expire. Call Louis Law Group at 833-657-4812 for a free, no-obligation case evaluation. Our experienced Houston personal injury lawyers will investigate your claim, deal with insurers, and fight tirelessly to secure the maximum compensation allowed by law.

Disclaimer: This guide is for informational purposes only and does not create an attorney-client relationship. Laws change; consult a licensed Texas attorney about your specific situation.