Texas Personal Injury Law Houston Guide: Protect Your Rights

EstimatedReadTime: 14 min read

Introduction: Why Every Houston Victim Needs to Understand Texas Personal Injury Law

Houston’s bustling freeways, busy construction sites, and thriving nightlife unfortunately lead to thousands of preventable injuries every year. In 2022 alone, the Texas Department of Transportation recorded more than 66,000 motor-vehicle crashes in the Houston area. Slip-and-fall incidents at retail stores along Westheimer Road, refinery accidents in the Ship Channel, and defective product injuries are also common. If you have been harmed by someone else’s negligence, mastering Texas personal injury law Houston residents rely on is your first defense against insurance tactics aimed at minimizing payouts.

This comprehensive guide—written with a slight bias toward protecting injured Houstonians—explains:

• Key Texas statutes and court precedents that govern personal injury cases

• The two-year statute of limitations and how comparative fault can affect your compensation

• Actionable steps to preserve evidence, document damages, and negotiate with insurers

• When to call a Houston accident attorney to level the playing field

Throughout, we cite authoritative sources like the Texas Department of Insurance, the Texas Civil Practice and Remedies Code, and the Texas Judicial Branch. Our goal is to arm you with practical information so you can focus on healing while protecting your legal rights.

1. Understanding Texas Personal Injury Law

1.1 Statute of Limitations (CPRC §16.003)

Texas generally gives you two years from the date of injury to file a lawsuit. Miss this deadline and your claim can be barred forever, no matter how severe your injuries. There are limited exceptions—such as the discovery rule for latent injuries or tolling for young children—but courts apply them narrowly. Acting quickly preserves evidence and keeps you in control.

1.2 Modified Comparative Fault: The 51% Rule

Under CPRC §33.001, Texas follows a modified comparative negligence standard. 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.

• 20% at fault → 80% of damages recoverable

• 51% at fault → $0 compensation

Insurance adjusters often exaggerate a claimant’s responsibility. A seasoned personal injury lawyer Texas residents trust can challenge inaccurate fault assessments with accident-reconstruction experts and witness testimony.

1.3 Elements of Negligence

• Duty – Defendant owed you a legal duty (e.g., drivers must obey traffic laws).

• Breach – Defendant failed to meet that duty.

• Causation – The breach proximately caused your injury.

• Damages – You suffered measurable losses (medical bills, lost wages, pain).

Proving each element with admissible evidence is mandatory for success in court or settlement negotiations.

2. Common Types of Personal Injury Cases in Houston

2.1 Car and Truck Accidents

Houston’s I-10 and I-45 corridors are notorious for pile-ups and 18-wheeler wrecks. Commercial trucking companies must follow Federal Motor Carrier Safety Regulations and Chapter 644 of the Texas Transportation Code. Violations—such as over-hours driving or improper maintenance—create powerful negligence evidence.

2.2 Slip-and-Fall (Premises Liability)

Texas property owners owe varying duties depending on whether a visitor is an invitee, licensee, or trespasser. To win a premises case, you must show the owner knew or reasonably should have known of a dangerous condition and failed to fix or warn. Photographs, surveillance footage, and incident reports are crucial.

2.3 Workplace Injuries

Many Houston employers choose nonsubscriber status, opting out of the Texas workers’ compensation system. If your employer is a nonsubscriber and its negligence caused your injury, you can sue for full damages—including pain and suffering—without damage caps. Even when traditional workers’ comp applies, third-party claims (against a negligent equipment manufacturer, for example) remain viable.

2.4 Defective Products

Texas recognizes strict liability for defective design, manufacturing, or marketing (CPRC §82.001-§82.003). Plaintiffs need not prove negligence—only that the product was defective and unreasonably dangerous. Expert engineering testimony and recall records often tip the scales.

2.5 Wrongful Death

Surviving spouses, children, and parents may file wrongful death actions within two years (CPRC §71.004). Recoverable damages include lost earning capacity, companionship, and mental anguish. An estate representative may also file a survival claim for the decedent’s pain and medical expenses before death.

3. Texas Legal Protections & Recent Court Rulings

3.1 Damage Caps

• Medical Malpractice: CPRC §74.301 caps noneconomic damages at $250,000 per physician and $500,000 overall per claimant against health-care institutions.

• Punitive (Exemplary) Damages: CPRC §41.008 caps at the greater of (a) $200,000 or (b) two times economic damages plus an amount equal to noneconomic damages up to $750,000.

3.2 Sovereign Immunity Limits

Claims against Texas governmental units follow the Texas Tort Claims Act and often have a shorter notice deadline (as little as 6 months for city claims under Local Gov’t Code §101.101). Consult counsel immediately if your crash involved a Metro bus, school district, or city vehicle.

3.3 Recent Texas Supreme Court Decisions Impacting Injury Claims

• In re King (2021) – Clarified discovery limitations in medical peer review documents, affecting malpractice plaintiffs.

• J & D Towing, LLC v. Am. Alt. Ins. Corp. (2016) – Affirmed that loss-of-use damages are recoverable without the need to repair or replace destroyed personal property, aiding auto claimants.

Staying current on precedent allows attorneys to argue cutting-edge theories and maximize recovery.

4. Immediate Steps to Take After an Injury in Houston

Seek Medical Attention Call 911 or visit an ER (e.g., Memorial Hermann) even if pain seems minor. Medical records provide objective proof of injuries. Report the Incident Auto crashes: file a Texas Peace Officer’s Crash Report (CR-3). Premises accidents: demand a written incident report. Workplace injuries: notify a supervisor within 30 days under Labor Code §409.001. Document Everything Take photos of hazards, vehicles, bruises, and torn clothing. Collect names and phone numbers of witnesses. Preserve Evidence Do not repair damaged vehicles or discard broken products before your attorney inspects them. Track Expenses Save medical bills, mileage receipts, and pay stubs showing lost wages. A detailed damages journal strengthens settlement value. Notify Insurers Cautiously Provide basic facts only. Do not give recorded statements without legal counsel—insurers use inconsistencies to devalue claims.

5. When to Hire a Houston Accident Attorney

While Texas law does not force you to retain counsel, complex cases rarely end well for unrepresented victims. Consider calling Louis Law Group if:

• Liability is disputed or multiple parties share fault.

• Your injuries are severe (fractures, surgeries, traumatic brain injury).

• An insurance adjuster pressures you to sign medical releases or lowball settlements.

• The at-fault driver is uninsured or underinsured.

• A governmental entity is involved, triggering strict notice rules.

Louis Law Group’s attorneys licensed by the State Bar of Texas handle investigations, negotiate with carriers, file lawsuits, and, if necessary, take your case to a Harris County jury. They work on contingency—no fee unless they win.

6. Local Resources & Next Steps

6.1 Government Agencies & Courts

Texas Department of Insurance – Consumer Help Line Houston Bar Association Lawyer Referral Service

• Harris County Civil Courthouse, 201 Caroline St., Houston, TX 77002

Texas Courts – Statewide Directory

6.2 Free & Low-Cost Legal Aid

• Lone Star Legal Aid (income-qualified civil legal services)

• Houston Volunteer Lawyers

6.3 Your Action Plan

• Mark the two-year statute of limitations on your calendar.

• Request a free case evaluation.

• Focus on medical treatment while your attorney pursues maximum compensation.

Ready for real help? If you’ve been injured anywhere in Texas, call Louis Law Group at 833-657-4812 for a free case evaluation today. Let an experienced Houston accident attorney protect your rights while you recover.

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Consult a licensed Texas attorney about your specific circumstances. Past results do not guarantee future outcomes.