Texas Personal Injury Law Houston Guide & Your Rights

Estimated read time: 11 min read

Introduction: Why Understanding Texas Personal Injury Law Matters in Houston

Houston’s nonstop traffic, busy refineries, and sprawling construction sites make it one of the most accident-prone cities in Texas. If you are hurt in a car crash on I-45, slip in a Galleria store, or suffer an on-the-job injury at the Port of Houston, you need clear information about Texas personal injury law houston—and you need it fast. This guide breaks down the legal rules, deadlines, and practical steps to protect your health, finances, and legal rights. Written from an injured victim’s perspective, it covers:

• Key Texas statutes—such as the two-year statute of limitations (Tex. Civ. Prac. & Rem. Code §16.003) and proportionate responsibility rules.

• Actionable steps after an accident—medical care, evidence preservation, and insurance notice.

• When and how to hire a houston accident attorney.

• Local resources, court information, and insurance tips.

Legal disclaimer: This article offers general information, not legal advice. Laws change, and every case is unique. For personalized guidance, call Louis Law Group at 833-657-4812.

Understanding Texas Personal Injury Law

1. Statute of Limitations

Most personal injury claims in Texas must be filed within two years of the date of injury (Tex. Civ. Prac. & Rem. Code §16.003). Missing this deadline can bar your claim entirely. Exceptions include:

• Minor plaintiffs: The clock usually starts on the victim’s 18th birthday.

• Discovery rule: For latent injuries (e.g., toxic exposure), limitations run from when the injury is discovered or should have been discovered with reasonable diligence.

• Government defendants: Notice requirements can be as short as 180 days under the Texas Tort Claims Act.

2. Negligence & Comparative Fault

Texas follows a modified comparative fault system (Tex. Civ. Prac. & Rem. Code §33.001). You may recover damages if you are ≤50% at fault. Your compensation is reduced by your percentage of responsibility. For example, if you were 20% at fault in a Texas injury claims auto collision and your damages are $100,000, you may collect $80,000.

3. Damages Available

• Economic damages: Medical expenses, lost wages, rehabilitation, property damage.

• Non-economic damages: Pain, suffering, mental anguish, loss of consortium.

• Exemplary (punitive) damages: Awarded only if the defendant acted with malice or gross negligence. Texas caps exemplary damages at the greater of (a) $200,000 or (b) twice economic damages plus non-economic damages up to $750,000 (§41.008).

• Wrongful death: Surviving family may seek lost earning capacity, companionship, mental anguish, and more (§71.002-71.004).

4. Insurance Requirements

Texas drivers must carry at least 30/60/25 liability coverage. Insurers are regulated by the Texas Department of Insurance, which enforces prompt-payment rules (Tex. Ins. Code Ch. 542). Insurers must acknowledge a claim within 15 days and accept or deny within 15 business days after receiving all required items.

Common Types of Personal Injury Cases in Texas

1. Auto & Truck Accidents

Houston’s highways consistently rank among the most dangerous in the country. To prove negligence, an injured driver must show duty, breach, causation, and damages. Evidence often includes crash reports, dash-cam footage, and expert accident reconstruction.

2. Slip-and-Fall & Premises Liability

Under Tex. Civ. Prac. & Rem. Code §75.002, property owners owe varying duties depending on whether the visitor is an invitee, licensee, or trespasser. Retailers like big-box stores are required to fix or warn of hazards they know about or should know about through reasonable inspections.

3. Workplace Injuries

Texas does not mandate workers’ compensation coverage, so some employers are “nonsubscribers.” If your employer lacks coverage, you can sue directly in civil court and the employer loses certain defenses (Tex. Lab. Code §406.033). If workers’ compensation applies, you usually cannot sue the employer but may have third-party claims against equipment manufacturers or contractors.

4. Defective Products

Texas follows strict liability for manufacturing, design, and marketing defects. Recent cases, such as Bic Pen Corp. v. Carter, illustrate that plaintiffs must show the product was unreasonably dangerous and the defect caused injury.

5. Wrongful Death

Spouses, children, and parents of the decedent can sue within two years (§71.004). Juries may award both economic and non-economic damages. Houston juries have delivered multimillion-dollar verdicts for refinery explosions and commercial vehicle crashes.

Texas Legal Protections & Regulations

1. Damage Caps in Medical Malpractice

Texas caps non-economic damages in medical malpractice at $250,000 per physician and $500,000 overall for healthcare facilities (Tex. Civ. Prac. & Rem. Code §74.301). No cap applies to economic losses.

2. Recent Court Rulings Affecting Injury Claims

In re Allstate Indemnity Co. (Texas Supreme Court, 2022): Reinforced limits on broad discovery requests in underinsured motorist cases. Los Compadres Pescadores, L.L.C. v. Valdez (Tex. 2021): Clarified that proportionate-responsibility percentages decided by juries must be respected unless evidence is legally insufficient.

3. Anti-SLAPP & Social Media Evidence

Texas Citizens Participation Act (TCPA) defenses occasionally arise if a defendant claims a suit is intended to chill free speech. Injured plaintiffs posting on social media should assume their posts are admissible.

Steps to Take After an Injury

• Seek Immediate Medical Attention Dial 911 or visit the nearest Level I trauma center, such as Memorial Hermann-Texas Medical Center. Delay can worsen injuries and allow insurers to argue you were not hurt.

• Report and Document the Incident For vehicle collisions, call HPD and request a CR-3 crash report. In a store fall, insist on an incident report. Photograph hazards, injuries, vehicle damage, and weather conditions.

• Preserve Evidence Save medical records, prescriptions, wage statements, and correspondence with insurers. For defective products, keep the product in its post-incident condition.

• Notify Insurers—Cautiously Texas insurers may record statements. Provide only objective facts; avoid speculation. Do not sign broad medical authorizations without legal advice.

• Track Expenses & Losses Create a spreadsheet for medical bills, mileage to appointments, and missed workdays. Pain diaries documenting daily limitations can strengthen non-economic damage claims.

When to Seek Legal Help in Texas

If your injuries require hospitalization, surgery, or extended therapy, or if liability is disputed, consult a personal injury lawyer Texas immediately. Attorneys can:

• Investigate negligence and locate video footage before it’s erased (many Houston businesses overwrite surveillance in 14–30 days).

• Calculate full damages, including future medical costs and diminished earning capacity.

• Negotiate or litigate with large insurers that routinely undervalue claims.

• File suit in Harris County District Court or federal court, comply with service rules, and manage discovery.

Why Louis Law Group?

Louis Law Group has recovered millions for Texas accident victims. We operate on contingency—no fee unless we win—and offer aggressive representation against corporate defendants.

Local Resources & Next Steps

Official Texas Courts Portal – docket searches and e-filing. Harris County District Courts – 201 Caroline St., Houston. Houston Bar Association – free legal clinics and lawyer referral service. Texas Civil Practice and Remedies Code – full statute text.

Next Step: Protect your claim by acting quickly. Evidence fades, witnesses move, and deadlines loom.

Call Louis Law Group at 833-657-4812 for a free, no-obligation case evaluation. Let our Houston-based team fight for the maximum compensation you legally deserve.