Personal Injury Claims in Texas: What You Need to Know

If you've been injured in Texas due to someone else's negligence, you're likely facing a perfect storm of physical pain, mounting medical bills, and uncertainty about your future. While dealing with insurance companies and legal procedures might be the last thing you want to think about right now, understanding Texas personal injury law could mean the difference between recovering full compensation and being left to shoulder these burdens alone.

Texas personal injury law operates within a unique framework that can be both protective and restrictive. This guide will walk you through everything you need to know about pursuing a personal injury claim in Texas, from critical deadlines to the types of compensation available, so you can make informed decisions about your case.

The Texas Legal Framework: What Makes Our State Different

The 51% Rule That Could Make or Break Your Case

Texas follows a modified comparative negligence rule that fundamentally shapes every personal injury case. Here's what this means for you: if you're found to be 51% or more at fault for your accident, you recover nothing. Zero. It doesn't matter how severe your injuries are or how high your medical bills have climbed.

However, if you're 50% or less at fault, you can recover damages—but they'll be reduced by your percentage of fault. For example:

• If you suffered $100,000 in damages and were 20% at fault, you'd receive $80,000
• At 40% fault, you'd receive $60,000
• At exactly 50% fault, you'd still receive $50,000
• But at 51% fault? Nothing.

This harsh threshold is why insurance companies fight so aggressively to shift blame onto injury victims. They know that pushing your fault percentage just past that 50% mark eliminates their liability entirely.

Critical Deadlines You Cannot Afford to Miss

The Two-Year Statute of Limitations

In Texas, you have exactly two years from the date of your injury to file a personal injury lawsuit. This deadline, codified in Texas Civil Practice and Remedies Code Section 16.003, is absolute for most cases. Miss it by even one day, and the court will dismiss your case regardless of its merit.

This two-year limit applies to:

• Car, truck, and motorcycle accidents
• Slip and fall incidents
• Workplace injuries (third-party claims)
• Product liability cases
• Dog bites and animal attacks
• Most premises liability claims

Exceptions That Could Save or Sink Your Claim

Government Claims: If your injury involves a government entity—whether it's a city bus accident, a fall on county property, or an incident involving a state employee—you must provide formal notice within six months of the injury. Some municipalities have even shorter deadlines; Austin, for instance, requires notice within just 45 days.

Medical Malpractice: While the two-year limit generally applies, medical malpractice cases require:

• Pre-suit notice to the healthcare provider 60 days before filing
• An expert report within 120 days of the defendant's answer
• Compliance with a 10-year statute of repose (no claims after 10 years regardless of discovery)

Cases Involving Minors: If the injured person is under 18, the statute of limitations doesn't begin until their 18th birthday, giving them until age 20 to file most claims. However, medical malpractice cases involving minors under 12 must still be filed by their 14th birthday.

The Discovery Rule: For injuries that aren't immediately apparent—such as those from toxic exposure or certain medical errors—the clock may start when you discover (or reasonably should have discovered) the injury, not when it occurred. But Texas courts apply this exception narrowly, and the burden is on you to prove the injury was "inherently undiscoverable."

Understanding Your Damages: What Compensation Can You Pursue?

Economic Damages: Your Quantifiable Losses

Economic damages compensate you for measurable financial losses and face no caps in standard personal injury cases. These include:

Medical Expenses: All healthcare costs related to your injury—emergency treatment, surgeries, medications, physical therapy, medical equipment, and projected future medical care. Importantly, Texas law limits recovery to amounts "actually paid or incurred," meaning inflated medical bills that were never paid can't be used to inflate your damages.

Lost Income: Both the wages you've already lost and your diminished earning capacity if the injury affects your ability to work long-term. This includes:

• Missed paychecks during recovery
• Reduced earning capacity if you can't return to your previous job
• Lost business opportunities for self-employed individuals
• Loss of employment benefits

Property Damage: The cost to repair or replace damaged property, most commonly your vehicle in accident cases.

Non-Economic Damages: The Human Cost

These damages recognize that some losses transcend financial calculation:

• Physical pain and suffering: Both past and future
• Mental anguish and emotional distress: The psychological impact of your injury
• Physical impairment: Loss of bodily function or mobility
• Disfigurement: Scarring or permanent changes to appearance
• Loss of consortium: Damage to your relationship with your spouse
• Loss of enjoyment of life: Inability to participate in activities you once enjoyed

Punitive Damages: Holding Egregious Wrongdoers Accountable

When the defendant's conduct involves fraud, malice, or gross negligence, Texas law allows punitive damages to punish the wrongdoer and deter similar behavior. These are capped at the greater of:

• $200,000, or
• Two times economic damages plus non-economic damages (up to $750,000)

However, if the defendant's conduct constituted certain felonies—such as intoxication assault, sexual assault, or trafficking—these caps don't apply.

The Seven Phases of a Texas Personal Injury Claim

Phase 1: Immediate Response (0-48 Hours)

Your actions in the first 48 hours can significantly impact your claim's success:

Seek Medical Attention: Even if you feel fine, get examined. Some injuries—particularly soft tissue damage and traumatic brain injuries—may not show symptoms immediately. Delaying treatment not only risks your health but gives insurance companies ammunition to claim your injuries aren't serious.

Document Everything:

• Photograph injuries, vehicle damage, accident scenes, and hazardous conditions
• Collect witness contact information
• Preserve torn or bloodied clothing
• Request copies of all medical records and police reports

Preserve Evidence: Send preservation letters to businesses with surveillance cameras, as many systems overwrite footage within 30-90 days.

Phase 2: Insurance Notification (First Two Weeks)

Critical for Auto Accidents: If you have Personal Injury Protection (PIP) coverage, you typically must seek treatment within 14 days to preserve your full benefits. PIP can provide up to $10,000 for medical expenses and lost wages regardless of fault.

Contact relevant insurance companies but be cautious:

• You're not required to give a recorded statement to the other party's insurer
• Even with your own insurer, consult an attorney before providing recorded statements
• Stick to basic facts; avoid speculating about fault or the extent of injuries

Phase 3: Investigation and Evidence Gathering (First 30-90 Days)

Building a strong case requires comprehensive evidence:

• Police reports and incident reports
• Medical records linking injuries to the accident
• Employment records proving lost wages
• Expert opinions on liability and future medical needs
• Surveillance footage before it's deleted
• Vehicle black box data in serious crashes

Phase 4: Medical Treatment and Recovery (Ongoing)

Follow your doctor's treatment plan religiously. Insurance companies scrutinize gaps in treatment, missed appointments, and failure to follow medical advice. They'll argue these show your injuries aren't as serious as claimed.

Keep detailed records of:

• All medical appointments and treatments
• Medications and their side effects
• Daily pain levels and limitations
• Activities you can no longer perform

Phase 5: Settlement Demand (After Maximum Medical Improvement)

Once you reach "maximum medical improvement"—the point where further recovery is unlikely—your attorney can accurately value your claim and send a comprehensive demand letter. This package typically includes:

• Detailed liability analysis
• Complete medical records and bills
• Documentation of lost wages
• Evidence of pain and suffering
• Calculation of future damages

Phase 6: Negotiations (2-8 Months)

Insurance companies typically respond with a lowball offer, initiating several rounds of negotiation. Remember: 90-95% of Texas personal injury cases settle without trial. Your attorney's skill in presenting evidence and leveraging Texas law often determines whether you receive fair compensation.

If negotiations stall, your attorney may recommend:

• Mediation (required in many Texas courts before trial)
• Arbitration (if your contracts require it)
• Filing a lawsuit to increase pressure

Phase 7: Litigation (If Necessary)

If settlement negotiations fail, filing a lawsuit before the two-year deadline becomes critical. Litigation involves:

Discovery Phase: Both sides exchange information through:

• Interrogatories (written questions)
• Depositions (sworn testimony)
• Document requests
• Independent medical examinations

Pre-Trial Motions: Legal arguments about what evidence can be presented

Trial: If no settlement is reached (only 5-10% of filed cases), a jury will determine:

• Whether the defendant was negligent
• Comparative fault percentages
• Appropriate damages

Evidence That Wins Cases in Texas

Medical Documentation

Texas law requires proving your injuries are directly related to the accident. Critical medical evidence includes:

• Emergency room records
• Diagnostic imaging (X-rays, MRIs, CT scans)
• Surgical reports
• Physical therapy progress notes
• Expert testimony on future medical needs

Proof of Economic Losses

Document every financial impact:

• Medical bills (keeping originals)
• Pharmacy receipts
• Pay stubs showing missed work
• Tax returns proving income history
• Receipts for medical equipment, modifications to your home, or hired help

Liability Evidence

Proving the other party's negligence requires:

• Police reports (though not admissible at trial, crucial for negotiations)
• Witness statements
• Expert accident reconstruction
• Photos of the scene, vehicle damage, and contributing factors
• Surveillance footage
• Cell phone records in distracted driving cases

Common Pitfalls That Destroy Texas Personal Injury Claims

Social Media Mistakes

Insurance companies employ investigators who scour social media for anything to undermine your claim. A single photo of you smiling at a family gathering can be twisted to argue you're not suffering. Set all accounts to private and avoid posting about:

• Your accident or injuries
• Your activities or travels
• Your case or legal strategy

Giving Recorded Statements Without Legal Counsel

Insurance adjusters are trained to ask questions that minimize your claim. Common traps include:

• "How are you feeling today?" (Any positive response gets used against you)
• "Could you have done anything differently?" (Shifting blame to you)
• Getting you to guess about facts you don't remember clearly

Accepting Quick Settlement Offers

Early settlement offers rarely account for:

• Future medical expenses
• Long-term lost earning capacity
• The full extent of pain and suffering
• Potential complications or additional surgeries

Once you sign a release, you can't seek additional compensation—even if your injuries turn out worse than expected.

Gaps in Medical Treatment

Insurance companies interpret treatment gaps as evidence you're not really hurt. If you must miss appointments, document why. If you can't afford continued treatment, inform your attorney—medical liens or letters of protection might enable treatment without upfront payment.

Special Considerations for Different Types of Cases

Motor Vehicle Accidents

With nearly 4,000 traffic deaths annually, Texas roads present unique dangers. Beyond standard negligence claims, consider:

• Dram shop liability: Bars that overserve drunk drivers
• Commercial vehicle regulations: Trucking companies face stricter standards
• Uninsured/Underinsured motorist coverage: Your own policy may provide additional compensation

Workplace Injuries

While workers' compensation typically bars suing your employer, third-party claims remain viable against:

• Equipment manufacturers (product liability)
• Subcontractors or general contractors
• Property owners
• Drivers who hit you while working

Premises Liability

Texas premises liability law requires proving the property owner had actual or constructive knowledge of the dangerous condition. Recent Texas Supreme Court decisions emphasize that plaintiffs must show:

• How long the hazard existed
• That the owner should have discovered it through reasonable inspection
• That the owner failed to warn or remedy the danger

Why Timing Is Everything in Texas Personal Injury Cases

While you technically have two years to file suit, waiting hurts your case:

• Evidence disappears: Surveillance footage overwrites, skid marks fade, witnesses relocate
• Memories fade: Witness recollections become less reliable
• Insurance skepticism increases: Delayed claims face heightened scrutiny
• Financial pressure mounts: Medical bills and lost wages create pressure to accept lowball offers

Starting the claims process immediately allows proper investigation, evidence preservation, and strategic positioning for maximum compensation.

Taking Action: Your Next Steps

If you've been injured in Texas due to someone else's negligence, you're facing a complex legal landscape with strict deadlines, aggressive insurance companies, and potential compensation that could significantly impact your future. The decisions you make now—from preserving evidence to choosing legal representation—will determine whether you recover the full compensation Texas law allows.

At LegalRepUSA, we understand that behind every personal injury case is a person facing physical pain, financial stress, and uncertainty about the future. With over 15 years of experience and a track record of successful outcomes, we know how to navigate Texas's complex personal injury laws to maximize your compensation while you focus on healing.

Don't let the two-year statute of limitations expire on your right to justice. Every day that passes is a day that evidence could disappear and your claim could weaken.

Take the first step toward recovery—both physical and financial. Fill out our free case evaluation form below to learn whether you have a valid claim and what it might be worth. There's no obligation, and we only get paid if we win your case. Because when you're facing the aftermath of a serious injury, you need more than just legal representation—you need a committed advocate who understands both the law and the very real challenges you're facing.

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The initial consultation is free, and we work on a contingency fee basis—meaning you pay nothing unless we secure compensation for you.