Texas Personal Injury Law Houston Guide: Know Your Rights

Estimated read time: 12 min read

Introduction: Why Every Houston Injury Victim Needs a Roadmap

Houston is the busiest city in Texas for roadway traffic, industrial activity, and bustling retail centers. According to the Texas Department of Transportation, Harris County recorded more than 105,000 traffic crashes in 2023—more than any other county in the state. Add a growing population and a large energy sector, and accidents ranging from slip-and-falls to refinery explosions become a daily reality. If you—or a loved one—have suffered an injury in Houston, understanding Texas personal injury law is critical to preserving your right to compensation. This comprehensive guide, authored for injured people and their families, breaks down the legal basics, procedural steps, and local resources you need to navigate a claim in Houston, Texas.

Common Personal Injury Scenarios in Houston

• High-speed I-45 and I-10 crashes

• Slip-and-falls in Galleria shopping centers and restaurants

• Workplace accidents in the Port of Houston and petrochemical plants

• Defective consumer products or auto parts

• Wrongful death arising from 18-wheeler collisions or refinery fires

This guide is designed to help you hold negligent parties accountable, recover full damages, and avoid common pitfalls under Texas law. If you need immediate help, call Louis Law Group at 833-657-4812 for a free case evaluation.

Understanding Texas Personal Injury Law

Statute of Limitations

Texas imposes strict filing deadlines. Under Texas Civil Practice and Remedies Code §16.003, you have two years from the date of injury (or discovery in limited cases) to file most personal injury lawsuits. Missing this deadline almost always bars your claim, regardless of its merit.

Negligence & Comparative Fault

To recover damages, you must prove four elements under Texas negligence law: duty, breach, causation, and damages. Texas applies a modified comparative fault rule (proportionate responsibility) codified in §33.001–33.017. If you are 50% or more at fault, you recover nothing. If you are 49% or less at fault, your damages are reduced by your percentage of fault.

Insurance Framework

The Texas Department of Insurance (TDI) regulates liability insurers. Minimum auto liability coverage is $30,000 per injured person, $60,000 per collision, and $25,000 property damage (30/60/25). Understanding coverage limits is key when negotiating settlements. TDI’s website offers detailed consumer guides on claim practices.

Pre-Suit Notice Requirements

Certain Texas claims require advance notice—for example, Texas Tort Claims Act suits against government entities (notice within six months of incident, but Houston requires even shorter deadlines via city charter). Failing to send notice can forfeit your right to sue the city, county, or state agency.

Common Types of Personal Injury Cases in Texas

1. Motor Vehicle Collisions

Houston’s sprawl generates thousands of wrecks annually. Evidence such as crash reports (Form CR-3), witness statements, dash-cam footage, and cell-phone records often prove negligence—speeding, distracted driving, or intoxication. In commercial truck cases, federal regulations on hours-of-service and maintenance logs become crucial.

2. Slip-and-Fall & Premises Liability

Property owners owe a duty to fix or warn about unreasonably dangerous conditions. Under the landmark case Keetch v. Kroger, 845 S.W.2d 262 (Tex. 1992), plaintiffs must show the owner created the hazard, knew about it, or should have known through reasonable inspection.

3. Workplace & Industrial Injuries

Texas is the only state that doesn’t mandate private employers to carry workers’ compensation. Non-subscribers can be sued directly for negligence. If the employer has workers’ comp, exclusive remedy bars most lawsuits, but third-party claims (e.g., against equipment manufacturers) remain possible.

4. Defective Products

Texas product liability combines strict liability and negligence. Plaintiffs must prove a design, manufacturing, or marketing defect caused the injury. The Restatement (Third) of Torts heavily influences Texas courts, but the legislature has adopted its own risk-utility test.

5. Wrongful Death & Survival Actions

Under CPRC Chapter 71, spouses, children, and parents can sue for mental anguish, lost companionship, and pecuniary losses. The estate may also bring a survival claim for the decedent’s pain, medical bills, and lost wages incurred before death.

Texas Legal Protections & Regulations

Damage Caps

• Medical Malpractice: Non-economic damages capped at $250,000 per physician and $500,000 overall for all providers (§74.301).

• Governmental Liability: $250,000 per person/$500,000 per occurrence for bodily injury against the State; $100,000 per person/$300,000 per occurrence against municipalities (§101.023).

Punitive (Exemplary) Damages

Texas caps exemplary damages at the greater of (a) $200,000, or (b) two times economic damages plus an equal amount of non-economic damages, not to exceed $750,000 (§41.008). Clear and convincing evidence of gross negligence or malice is required.

Recent Court Decisions Influencing Claims

• In re Allstate Indemnity Co., 622 S.W.3d 870 (Tex. 2021): clarified discovery limits on medical billing records in auto-collision cases.

• Causation Standard: Jelinek v. Casas, 328 S.W.3d 526 (Tex. 2010) tightened the standard for expert testimony linking negligence to damages.

• Premises Liability Notice: Henkel v. Norman, 441 S.W.3d 249 (Tex. 2014) emphasized plaintiff’s burden to show actual or constructive knowledge of a hazard.

Attorney Licensing & Ethical Rules

Texas personal injury lawyers must be licensed by the State Bar of Texas and adhere to the Texas Disciplinary Rules of Professional Conduct—including rules on contingent fees (§1.04). Verify your attorney’s standing on the Bar’s website.

Steps to Take After an Injury

Seek Immediate Medical Care Even minor symptoms can become severe. Medical records create a contemporaneous link between the accident and your injuries. Document the Scene Take photos, gather witness contacts, and preserve surveillance footage. For motor vehicle crashes, call HPD to obtain a CR-3 crash report. Notify the Responsible Party Send written notice to property owners, employers, or insurers. Early notice preserves evidence and triggers their duty to cooperate. Avoid Recorded Statements Insurance adjusters often request recorded calls. Politely decline until you consult counsel. Track Expenses & Lost Wages Use a spreadsheet or app to record mileage to medical appointments, prescription costs, and missed workdays. Consult a Houston Accident Attorney Statutes, notice deadlines, and liability disputes get complicated fast. Louis Law Group offers free consultations to evaluate fault, damages, and insurance coverage.

When to Seek Legal Help in Texas

Signs You Need an Attorney

• Serious or permanent injuries (fractures, spinal cord, TBI)

• Disputed liability or multiple at-fault parties

• Low settlement offers not covering medical bills

• Commercial policy limits or complex insurance layers (UM/UIM, PIP, excess)

• Cases against a city, county, or state agency

Why Louis Law Group? Our Houston-based team knows local courts—from Harris County Civil Courthouse to the 215th District Court. We advance case costs, hire accident reconstructionists, negotiate liens, and only get paid if we win. Call 833-657-4812 today for a free case evaluation.

Local Resources & Next Steps

Regulatory & Court Resources

Texas Department of Insurance (TDI) — complaint forms and policy guides Texas Judicial Branch — searchable docket and court locator Houston Bar Association / Houston Volunteer Lawyers — free or low-cost legal aid

Your Action Plan

• Get medical care and follow doctor’s orders.

• Gather documents: police reports, photos, bills, pay stubs.

• Consult Louis Law Group for a strategy tailored to your case.

• Let your attorney handle insurers while you focus on recovery.

Disclaimer: This guide is for informational purposes and does not constitute legal advice. Every case is unique; consult a licensed Texas attorney.

Ready to protect your rights? If you’ve been injured in Texas, call Louis Law Group now at 833-657-4812 for a free case evaluation.