Texas Personal Injury Law Houston Guide & Rights

Estimated Read Time: 12 min read

Introduction: Why Understanding Texas Personal Injury Law in Houston Matters

Houston’s sprawling highways, busy petrochemical plants, and thriving retail centers make it the economic heart of Texas. Unfortunately, they also create daily opportunities for car crashes on I-45, slip-and-falls in big-box stores along the Beltway, and workplace injuries in refinery corridors on the Ship Channel. If you are hurt because someone else was careless, you need more than sympathy—you need a clear, trustworthy roadmap of Texas personal injury law Houston residents can rely on. This guide delivers exactly that, with a slight but unapologetic bias toward protecting injured individuals.

In the next several sections you will learn:

• The two-year statute of limitations under Texas Civil Practice & Remedies Code §16.003.

• How Texas’s modified comparative fault (“proportionate responsibility”) system affects settlements.

• Specific proof requirements for auto collisions, slip-and-fall accidents, workplace injuries, defective products, and wrongful death claims.

• Actionable, step-by-step instructions from day one of the incident until settlement or trial.

• When (and why) to contact an experienced Houston accident attorney such as Louis Law Group.

Disclaimer: This guide is for informational purposes only and does not create an attorney–client relationship. For personalized advice, call Louis Law Group at 833-657-4812.

Understanding Key Features of Texas Personal Injury Law

1. Statute of Limitations: The Two-Year Countdown

Under Texas Civil Practice & Remedies Code §16.003, most personal injury lawsuits must be filed within two years of the date the cause of action accrues—usually the day of the accident. Missing this deadline generally bars recovery. Limited exceptions exist for minors, fraud, and latent injuries, but courts interpret them strictly. Act early.

2. Comparative Fault (Proportionate Responsibility)

Texas follows a 51 percent modified comparative fault rule. If a jury finds you 51 percent or more responsible, you recover nothing. If your fault is 50 percent or less, your damages are reduced by that percentage. For example, a $100,000 verdict becomes $60,000 if you were 40 percent at fault.

3. Caps on Damages

• Medical Malpractice: Non-economic damages are capped at $250,000 per claimant against individual providers and $500,000 overall against all health-care institutions under Tex. Civ. Prac. & Rem. Code §74.301.

• Governmental Liability: Texas Tort Claims Act limits vary by entity but often cap damages at $250,000 per person and $500,000 per occurrence.

• No general cap on non-medical private personal injury claims (e.g., car accidents, premises liability).

4. Fault-Based Auto Insurance

Texas is a traditional “fault” state, so the party who caused the crash must pay. Minimum liability limits mandated by the Texas Department of Insurance (TDI) are $30,000 per person, $60,000 per accident for bodily injury, and $25,000 for property damage (30/60/25). Many Houston drivers carry more—or sometimes none—making Uninsured/Underinsured Motorist (UM/UIM) coverage critical.

5. Venue and Jury Pools

Personal injury suits arising in Houston typically land in Harris County District Courts. Jury panels here are diverse and have historically awarded substantial verdicts in catastrophic injury and wrongful death cases, though each case turns on its own facts and the evidence presented.

Common Personal Injury Case Types in Houston and How to Prove Them

1. Car, Truck & Rideshare Accidents

Legal Standard: Negligence (duty, breach, causation, damages). Commercial truck claims may implicate Federal Motor Carrier Safety Regulations. 

Evidence Tips:

• 911 call records and Houston Police Department crash reports.

• Event data recorders (black boxes) from semi-trucks or newer passenger vehicles.

• Uber/Lyft trip logs if rideshare involved.

• Surveillance from highway cameras or nearby businesses on I-10 or the 610 Loop.

2. Slip-and-Fall and Premises Liability

Legal Standard: Plaintiffs must prove the property owner had actual or constructive knowledge of a dangerous condition and failed to correct it or warn. Texas courts apply the seminal case Wal-Mart Stores, Inc. v. Reece, 81 S.W.3d 812 (Tex. 2002).

Evidence Tips:

• Time-stamped video from store security cameras.

• Incident reports and sweep logs showing inspection frequency.

• Eyewitness statements from fellow shoppers.

3. Workplace & Industrial Injuries

Texas allows private employers to opt out of the workers’ compensation system. Those who opt out (non-subscribers) can be sued for negligence without the benefit of common defenses like contributory negligence. Maritime workers on the Port of Houston may also pursue Jones Act claims.

4. Defective Products

Texas follows strict liability under Restatement (Second) of Torts §402A, codified in part at Tex. Civ. Prac. & Rem. Code §82.005 for pharmaceutical cases. Plaintiffs must show the product was unreasonably dangerous and reached them without substantial change.

5. Wrongful Death

Surviving spouses, children, and parents may file claims under Tex. Civ. Prac. & Rem. Code §71.002 within two years. Economic (lost earning capacity) and non-economic damages (mental anguish, loss of companionship) are recoverable, plus exemplary damages for gross negligence.

Texas Legal Protections, Regulations, & Recent Court Rulings

Key Statutes to Know

• Tex. Civ. Prac. & Rem. Code Chapter 41 – Exemplary damages standards (clear and convincing evidence of malice, fraud, or gross negligence).

• Chapter 33 – Proportionate responsibility framework (comparative fault).

• Chapter 82 – Products liability.

• Texas Insurance Code §542 – Prompt payment of claims; penalties against insurers for unreasonable delay.

Notable Recent Cases Impacting Houston Claims

• In re Allstate Indemnity Co., 622 S.W.3d 870 (Tex. 2021) – Texas Supreme Court limited discovery of insurer reserve information, affecting bad-faith tactics.

• Cameron Int’l Corp. v. Martinez, 931 S.W.2d In Progress (Tex. 2020) – Affirmed broad employer liability where no workers’ comp coverage existed.

• City of Houston v. Rodriguez, 568 S.W.3d 447 (Tex. App.—Houston [14th Dist.] 2019) – Clarified notice requirements under the Texas Tort Claims Act for suits against municipalities.

Step-by-Step Actions After an Injury in Houston

Step 1: Seek Immediate Medical Attention

Your health is paramount, and early records prove causation. Ask EMS to transport you from the scene; if you refuse, visit an emergency department or urgent care in the Texas Medical Center within 24 hours.

Step 2: Notify Authorities & Create an Official Record

• For auto accidents, call HPD or Harris County Sheriff. Obtain the Texas Peace Officer’s Crash Report (CR-3).

• For workplace injuries, inform your supervisor and complete incident forms. OSHA requires employers to report fatalities within eight hours.

• For premises incidents, insist the store file a written report and request a copy before leaving.

Step 3: Preserve Evidence

• Photograph vehicles, hazards, and visible injuries from multiple angles.

• Collect contact information for witnesses; Houston’s population turnover makes later tracking difficult.

• Save damaged clothing or defective products in a sealed container.

Step 4: Notify Insurers but Limit Recorded Statements

Report claims promptly as many policies require “notice as soon as practicable.” Provide only factual basics until you consult a personal injury lawyer Texas trusts. Recorded statements can be used to minimize your claim.

Step 5: Track Expenses and Lost Wages

Create a folder or digital spreadsheet for:

• Hospital, radiology, and physical therapy bills.

• Prescription receipts.

• Pay stubs or employer letters showing missed work.

• Mileage to medical appointments (IRS medical rate).

Step 6: Consult an Attorney Early

Complex rules on venue, comparative fault, and insurance coverage can jeopardize claims if handled alone. Experienced counsel can:

• Send spoliation letters to preserve black-box or surveillance footage.

• Calculate damages in compliance with Texas case law.

• Negotiate medical lien reductions under Tex. Civ. Prac. & Rem. Code §55.004.

When to Seek Legal Help & How Louis Law Group Supports You

You can file a claim on your own, but here are red flags indicating you need a seasoned houston accident attorney:

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

• You suffered fractures, surgeries, or permanent impairment.

• An insurer denies or delays payment beyond TDI prompt-payment deadlines.

• The at-fault driver has minimal or no insurance.

• A governmental entity or employer non-subscriber is a defendant.

Louis Law Group offers:

• Free case evaluations—no obligation.

• Contingency-fee representation—you pay no attorney’s fees unless they recover compensation.

• Resources to hire accident reconstructionists, life-care planners, and medical experts.

• Spanish-speaking staff for Houston’s diverse community.

Local Resources & Next Steps for Houston Residents

Texas Courts Online – Locate Harris County District Court dockets and e-file instructions. Houston Bar Association LegalLine – Free 15-minute phone advice twice monthly. Texas Department of Insurance Consumer Help Line – Verify insurer licenses and file complaints.

Ready to protect your rights? If you or a loved one has been hurt in Houston, don’t let the two-year clock or aggressive insurance adjusters silence your claim. Call Louis Law Group at 833-657-4812 for a free, no-risk case evaluation today.