Texas Personal Injury Law in Dallas | Your Legal Guide

12 min read

Introduction: Why Every Injured Dallas Resident Should Know Their Rights

Whether you were rear-ended on Interstate 35E, slipped on a wet grocery store aisle in Oak Lawn, or suffered a construction mishap on a Uptown high-rise, knowing how Texas personal injury law protects you is essential. Dallas consistently ranks among the state’s busiest—and unfortunately most accident-prone—metro areas. According to 2022 Texas Department of Transportation statistics, Dallas logged more than 35,000 reported crashes and 228 traffic-related fatalities. Add workplace incidents, defective product injuries, and premises liability claims, and thousands more Dallas families are affected every year.

Texas law grants injured people the right to pursue compensation for medical bills, lost wages, pain and suffering, and, in tragic cases, wrongful death damages. Yet strict filing deadlines, comparative fault rules, and insurance tactics can jeopardize legitimate claims. This guide—written for Dallas residents—walks you step-by-step through:

• Texas statutes that govern personal injury and wrongful death

• Common claim types: auto, slip-and-fall, workplace, defective products, and more

• Local court venues, insurance timelines, and damage caps

• Actionable checklists after an accident

• When—and why—to hire a Dallas accident attorney

Our goal is to empower you with accurate, Texas-specific information so you can make informed decisions. If at any point you want personalized help, call Louis Law Group at 833-657-4812 for a free case evaluation.

Understanding Texas Personal Injury Law

1. Two-Year Statute of Limitations

Under Texas Civil Practice & Remedies Code §16.003, most personal injury and wrongful death cases must be filed within two years of the injury date (or death). Missing this deadline almost always bars recovery, no matter how strong the facts.

2. Negligence & the 51 Percent Bar

Texas follows a modified comparative fault system (§33.001–33.017). If you are 51 percent or more at fault, you cannot recover damages. If you are 50 percent or less, your award is reduced by your percentage of fault. Example: A jury awards $100,000 but finds you 20 percent liable; you receive $80,000.

3. Damages Available

• Economic: Medical bills, future care, lost earnings, property damage

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

• Exemplary (punitive): Awarded only on clear and convincing evidence of fraud, malice, or gross negligence, and capped by §41.008.

4. Caps on Certain Claims

Texas caps non-economic damages in medical malpractice matters at $250,000 per provider and $500,000 overall (§74.301). There is generally no cap on standard auto, premises, or product liability claims.

Common Types of Personal Injury Cases in Dallas

Auto & Commercial Truck Accidents

Dallas’ extensive highway network—IH-45, US 75, Loop 635—creates heavy crash volumes. To succeed, claimants must prove:

• The other driver owed a duty to operate safely.

• The driver breached that duty (speeding, texting, intoxication).

• The breach caused your injuries.

• You sustained compensable damages.

Commercial truck cases often involve federal regulations (FMCSA hours-of-service) and multiple defendants (driver, carrier, freight broker).

Slip-and-Fall / Premises Liability

Property owners owe invitees a duty to inspect and remedy dangerous conditions. A successful premises claim in Texas requires proof that the owner:

• Knew or should have known of the hazard.

• Failed to fix or warn within a reasonable time.

• The hazard directly caused your injuries.

Workplace & Construction Injuries

Texas is one of the few states where private employers may opt out of workers’ compensation, so your remedy depends on whether your employer carries coverage. Even when it does, negligent third parties (e.g., subcontractors, equipment manufacturers) can be pursued in civil court.

Defective Products

Claims arise from design defects, manufacturing defects, or inadequate warnings. Plaintiffs need expert testimony to show the product was unreasonably dangerous and safer alternatives were feasible (design defect test in Caterpillar v. Shears, 911 S.W.2d 379).

Wrongful Death

Spouses, children, and parents may sue under §71.002 for pecuniary loss, mental anguish, and loss of companionship. An estate representative can also file a survival action for the decedent’s pain and expenses.

Texas Legal Protections, Regulations & Recent Case Law

Key Statutes at a Glance

• CPRC Chapter 33: Comparative fault framework

• CPRC §72.004: Dram shop liability—bars & restaurants serving intoxicated patrons

• Transportation Code §550: Post-crash duties and accident report requirements

• Labor Code §406: Workers’ compensation system

Damage Caps & Immunities

Besides medical malpractice caps, governmental immunity can limit claims against city or state entities. Under the Texas Tort Claims Act, personal injury claims against Dallas city departments cap damages at $250,000 per person/$500,000 per occurrence.

Notable Recent Decisions

• In re Allstate Indemnity Co., 622 S.W.3d 870 (Tex. 2021) – Clarified discovery limits on insurer internal documents.

• United Rentals N. Am. v. Evans, 608 S.W.3d 449 (Tex. App.—Dallas 2020) – Affirmed large verdict where defective lift lacked adequate warnings.

• JLB Builders v. Hernandez, 622 S.W.3d 860 (Tex. 2021) – Restricted negligence claims against general contractors absent direct control.

Steps to Take Immediately After an Injury

1. Seek Medical Attention

Never delay treatment. A prompt ER or urgent care visit documents causation and prevents insurers from arguing that gaps in care worsened your injuries.

2. Call 9-1-1 and File Official Reports

For vehicle crashes, Texas Transportation Code §550.021 requires reporting any collision causing injury, death, or >$1,000 property damage. Request the CR-3 accident report from the Dallas Police Department or TxDOT’s portal.

3. Preserve Evidence

• Photograph vehicles, hazards, and visible injuries.

• Collect witness names/contact info.

• Keep damaged clothing or defective products.

4. Notify Insurance—But Guard Your Words

Texas insurers must acknowledge a claim within 15 days (Insurance Code §542.055). Provide factual basics only; politely decline recorded statements until you speak with counsel.

5. Track Expenses & Damages

Maintain a journal of pain levels, missed workdays, mileage to appointments, and out-of-pocket costs. These entries bolster non-economic damage claims.

When to Seek Legal Help in Texas

While minor fender-benders with no injuries might settle quickly, most cases benefit from an attorney’s oversight—especially when:

• Liability is disputed or multiple parties share fault.

• Injuries involve fractures, surgery, or long-term disability.

• An insurance adjuster offers an early lowball settlement.

• A governmental entity or large corporation is involved.

• The two-year statute of limitations is approaching.

Louis Law Group has a dedicated Dallas team familiar with local courts—Dallas County Civil District Courts, U.S. District Court for the Northern District of Texas—and insurer playbooks. We handle:

• Comprehensive claim investigation

• Hiring accident reconstructionists and medical experts

• Filing lawsuits and navigating e-filing systems

• Negotiating with carriers like State Farm, GEICO, USAA

• No fees unless we recover compensation for you

If you’ve been injured anywhere in Texas, call 833-657-4812 for a free case evaluation.

Local Resources & Next Steps

Government & Court Contacts

Texas Department of Insurance (TDI) – complaint process and insurer lookup Dallas County Courts – civil filings, dockets, e-filing portal TexasLawHelp.org – legal aid and self-help forms State Bar of Texas Lawyer Referral – verify attorney licensing

Statutory & Insurance Deadlines

Remember these critical cut-offs:

• 2 years to file most injury lawsuits (CPRC §16.003)

• 6 months to provide notice to a Texas governmental entity (§101.101)

• 15 days for insurers to acknowledge your claim (Insurance Code §542.055)

• 45 days for insurers to accept or deny after receiving all info (§542.056)

Moving Forward

Time matters. Evidence disappears, witnesses relocate, and medical bills pile up. A proactive approach—rooted in solid knowledge of Texas personal injury law—maximizes your chance of fair recovery.

Louis Law Group is ready to fight for Dallas accident victims. Our attorneys stand beside you from initial claim to verdict. Call 833-657-4812 or fill out our online form for immediate help.

Legal Disclaimer: This guide provides general information specific to Texas law and is not legal advice. Every case is unique; consult a qualified attorney about your particular circumstances. Louis Law Group practices throughout Texas and maintains offices by appointment in Dallas.