Texas Personal Injury Law Houston Guide for Injury Victims

"12 min read"

Introduction: Why Every Injured Houstonian Needs to Know Texas Personal Injury Law

Houston traffic ranks among the busiest in the nation, our petrochemical plants operate around the clock, and construction cranes dot the skyline. While the Bayou City’s growth fuels opportunity, it also increases the risk of serious accidents. According to the Texas Department of Transportation, Harris County consistently records the state’s highest number of injury-causing crashes. Add in wet floors at sprawling shopping centers, dangerous machinery at ship channels, and defective consumer products, and you have a recipe for thousands of preventable injuries each year.

If you or someone you love has been hurt, understanding Texas personal injury law Houston is critical. The legal rules that determine fault, deadlines, and compensation are Texas-specific—and they are not always intuitive. This guide explains:

• Key Texas statutes—like the two-year limitation period in Texas Civil Practice & Remedies Code § 16.003.

• How comparative fault works when multiple parties share blame.

• What evidence you need to build a strong case for damages such as medical bills, lost earnings, pain and suffering, and more.

• Local resources, including court locations and consumer insurance help lines.

Written with a slight bias toward protecting injured individuals, this article empowers you with step-by-step guidance while emphasizing the value an experienced Houston accident attorney can bring. While no online guide can replace personalized legal advice, understanding the framework helps you spot red flags, preserve evidence, and negotiate from a position of strength.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws change, and the application of law depends on specific facts. Consult a qualified personal injury lawyer Texas-licensed for guidance on your matter.

Understanding Texas Personal Injury Law

1. Statute of Limitations: The Two-Year Countdown

Under Texas Civil Practice & Remedies Code §16.003, most personal injury claims—including auto accidents, slip and falls, and product defects—must be filed within two years of the date of injury. Miss this deadline and the court will almost certainly dismiss your lawsuit, no matter how strong your case. Limited exceptions include:

• Minor Plaintiffs: The clock may pause until the injured person turns 18.

• Discovery Rule: In toxic exposure or medical malpractice, the period may begin when the injury is reasonably discovered.

• Government Defendants: Shorter notice deadlines (as little as 6 months) apply when suing a city, county, or the State of Texas under the Texas Tort Claims Act.

2. Negligence and the Elements of Proof

Texas follows traditional negligence principles. An injured plaintiff must establish:

• Duty: The defendant owed a legal duty (e.g., motorists must drive safely).

• Breach: The defendant failed to meet that duty.

• Causation: That failure caused your injury. Texas courts require both cause-in-fact and proximate cause.

• Damages: You suffered quantifiable losses.

3. Modified Comparative Fault—The 51% Bar

Texas uses a modified comparative fault system under CPRC §33.001–33.017. If you are 51% or more at fault, you recover nothing. If you are 50% or less at fault, your damages are reduced by your percentage of responsibility. Proper evidence and strategic negotiations can keep your fault percentage low, maximizing your recovery.

4. Damages Available

• Economic: Medical expenses, rehabilitation, lost wages, property damage, and future economic loss.

• Non-Economic: Pain and suffering, mental anguish, disfigurement, and loss of consortium.

• Exemplary (Punitive) Damages: Available if the defendant acted with fraud, malice, or gross negligence. Texas caps exemplary damages at the greater of (a) $200,000 or (b) two times economic damages plus up to $750,000 of non-economic damages.

Common Types of Personal Injury Cases in Texas

1. Auto and Truck Accidents

Houston freeways like I-45 and I-10 see thousands of collisions yearly. To prove negligence, you typically rely on police crash reports, eyewitness statements, vehicle black-box data, surveillance footage, and expert accident reconstruction. For 18-wheeler crashes, federal regulations on driver hours and maintenance logs often play a critical role.

2. Slip, Trip, and Fall (Premises Liability)

Property owners owe different duties depending on your status (invitee, licensee, trespasser). Most shoppers are invitees, requiring the owner to inspect for hazards and either fix or warn consumers. Photographs, incident reports, and video surveillance can make or break these claims.

3. Workplace Injuries

Texas is unique: employers may opt out of workers’ compensation. If your employer is a nonsubscriber, you can file a negligence suit directly. Even with workers’ comp coverage, third-party claims (against equipment manufacturers or careless subcontractors) may yield additional compensation.

4. Defective Products

Texas follows strict liability for unreasonably dangerous products, meaning you don’t have to prove the manufacturer was negligent—only that the product was defective and caused injury.

5. Wrongful Death

When negligence results in death, surviving spouses, children, and parents may sue within two years. Recoverable damages include lost earning capacity, mental anguish, and loss of companionship. If the family does not file within three months, the estate administrator can.

Texas Legal Protections & Key Regulations

1. Damage Caps

While most personal injury cases have no cap on economic or non-economic damages, medical malpractice does. Non-economic losses are capped at $250,000 against a physician and $250,000 against a health-care institution, up to $500,000 total.

2. Dram Shop Liability

Under Texas Alcoholic Beverage Code §2.02, bars can be liable for overserving an obviously intoxicated patron who later injures someone. Prompt subpoenas for credit card receipts and surveillance videos are critical.

3. Sovereign Immunity Exceptions

The Texas Tort Claims Act waives immunity for certain auto accidents caused by government employees, but you must provide notice (often within six months) and damages are limited.

4. Recent Court Decisions

• In re Oncor, 2022: Clarified that utility companies owe a duty to maintain safe right-of-ways, strengthening claims for electrocution injuries.

• Gunn v. McCoy, 2018: Texas Supreme Court affirmed substantial non-economic damages for defamation, signaling judicial openness to large pain-and-suffering awards where evidence supports it.

5. Bad-Faith Insurance Practices

The Texas Department of Insurance (TDI) and Chapter 541 of the Texas Insurance Code allow policyholders to sue insurers for unfair settlement tactics. Keeping meticulous phone logs and correspondence helps prove bad faith.

Steps to Take After an Injury

Time moves quickly after an accident, and insurance adjusters often reach out before you know your rights. Follow these steps to protect your Texas injury claims:

Seek Immediate Medical Attention

• Call 911 for emergencies or visit a trusted clinic. Treatment records create the first evidence link between the incident and your injuries.

Report the Incident

• For car wrecks, file a crash report with HPD or Harris County Sheriff’s Office.

  • For workplace injuries, notify your supervisor in writing within 30 days (required for workers’ comp).

  • For premises injuries, demand the store generate an incident report and request a copy.

Preserve Evidence

• Take photos of hazards, vehicle damage, and visible injuries.

  • Collect witness names and phone numbers.

  • Save torn clothing and defective products.

Avoid Recorded Statements

• Insurance adjusters may ask for a recorded statement within 24 hours. Politely decline until you consult counsel.

Track Expenses and Symptoms

• Keep a diary of pain levels, missed work, and all out-of-pocket costs.

Contact a Qualified Attorney

• An experienced personal injury lawyer Texas licensed can handle notice letters, evidence preservation, and negotiations.

When to Seek Legal Help in Texas

You are never required to hire a lawyer, but certain scenarios make professional representation invaluable:

• Severe or Permanent Injuries: Future medical and life-care planning demands expert testimony.

• Liability Disputes: When the other side blames you, proper investigation can shift the narrative.

• Multiple Defendants: Construction site and trucking cases often involve several at-fault parties.

• Insurance Bad Faith: Denials without a reasonable basis can entitle you to extra-contractual damages.

Louis Law Group’s Houston office combines local courtroom experience with statewide resources. From negotiating with insurers to presenting to a Harris County jury, we advocate aggressively for maximum compensation. Our no-fee-unless-we-win model means you can focus on healing while we handle the legal heavy lifting.

Local Resources & Next Steps

1. Government & Courts

Texas Judicial Branch – Dockets, forms, and jury information.

• Harris County District Courts – Primary venue for high-value civil lawsuits.

• Houston Municipal Courts – Handles minor traffic tickets and crash-related misdemeanors.

2. Consumer & Legal Assistance

Houston Bar Association – Lawyer referral and modest-means programs.

• Lone Star Legal Aid – Free civil legal help for qualifying low-income Texans.

3. Insurance Questions

• Call TDI’s Consumer Help Line at 1-800-252-3439 for claim-handling complaints.

Next Step: If you or a loved one suffered injury in Houston, the sooner you act the better. Evidence fades, and the two-year statute of limitations may bar an otherwise valid claim.

Call Louis Law Group today at 833-657-4812 for a free, no-obligation case evaluation. We will review your claim, explain your rights, and outline a strategy to pursue full and fair compensation.

Remember: You pay nothing unless we win.